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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)

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The differential approach to statutory section 1983 claims and implied private rights of action also accords with the history and purposes of section 1983 itself. As the Court has repeatedly emphasized, that statute was expressly designed to alter federal-state relations by creating a special federal remedy for state and municipal violations of federal law. Because Congress feared that state officials would be "antipathetic” to federal rights, it chose to “interpose the federal courts between the States and the people, as guardians of the peoples’ federal rights.” Mitchum v. Foster,