April 04, 2002
Federal Law Allows Civil Action For Denial of Rights
I was perusing FindLaw. While reading a very good piece on the lack of compassion that the court showed in it's recent public housing ruling I happened upon an interesting story about a Kansas Supreme Court ruling that a post-op transsexual who converted to female could not legally marry a male, but inferentially could marry a female.... That in addition linked me to a story about the case of a California inmate who wants to Fedex his sperm to his wife for artificial insemination. His suit was filed under section 1983 of Title 42, Chapter 21, Subchapter I:
Section 1983. Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
I had heard about this in the past, but the opportunity to recover money in civil rights cases gets me thinking.
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