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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 2

Citation
§ 2
Parent Document
Eunice Samuels, Lorraine Warren v. District of Columbia, 770 F.2d 184 (1985)
Effective Date
1985-08-06

Other Sections in This Document (234)

Full Text

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453 U.S. 1, 21 n. 31, 101 S.Ct. 2615, 2627 n. 31, 69 L.Ed.2d 435 (1981) (“[W]e do not suggest that the burden is on a plaintiff to demonstrate congressional intent to preserve § 1983 remedies.”). Instead, Congress is, in effect, presumed to legislate against the background of section 1983 and thus to contemplate private enforcement of the relevant statute against state and municipal actors absent fairly discernible congressional intent to the contrary.