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1 1 (November 3, 2022)

handle is hein.crs/govejho0001 and id is 1 raw text is: Congressional_______ AResearch Servic Health & Hospital Corporation of Marion County v. Talevski: Determining When A Statute Creates a Federal Right Actionable Under 42 U.S.C. § 1983 November 3, 2022 Not every right under the Constitution or federal statute is explicitly associated with a private remedy. One federal law that provides a remedy when state or local governments violate rights protected by the Constitution or federal statute is found in 42 U.S.C. § 1983 (Section 1983). Health & Hospital Corporation of Marion County v. Talevski, before the Supreme Court this term, presents an opportunity for the Court to examine the scope of Section 1983 remedies, and possibly to provide insight into trends in this area of law. Section 1983 potentially allows individuals to recover compensatory, nominal, or punitive damages for, among other things, the deprivation of rights secured by federal laws. At issue in Tilevski is (1) whether Spending Clause legislation-which typically establish a cooperative federal-state program under which states accept federal funds and agree to spend them in accordance with congressionally-imposed conditions-generally gives rise to privately enforceable rights under Section 1983, and if so, (2) specifically whether provisions of the Federal Nursing Home Reform Act provide such a right. The first and more far-reaching question may require the Court to reexamine decades of precedent in which it has recognized Section 1983 actions in Spending Clause legislation. The second question, involving an examination of a specific statutory scheme, may give the Court the opportunity to clarify its test for evaluating when statutes create federal rights that are enforceable under Section 1983. This Legal Sidebar provides an overview of the relevant legal background on Section 1983 and the facts and arguments presented in Talevski, as well as certain considerations for Congress. Legal Background Section 1983, enacted as part of the Civil Rights Act of 1871, provides a federal cause of action for the deprivation of any rights, privileges, or immunities secured by the Constitution and laws by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory. Congressional Research Service https://crsreports.congress.gov LSB10853 CRS Legal Sidebar Prepared for Membersand Committeesof Congress

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