Most litigation arising from Compact supervision proceeds under 42 U.S.C. § 1983 (Section 1983), which provides a cause of action for violations of federal constitutional rights by persons acting under color of state law. The statute gives a right to sue for “deprivations of any rights, privileges, or immunities secured by the Constitution and laws” caused by persons acting under color of law. To succeed on a Section 1983 claim, a plaintiff must show (1) a deprivation of a federal right and (2) that the person who caused the deprivation acted under color of state law. Gomez v. Toledo, 446 U.S. 635 (1980). ICAOS itself does not supply the “federal right” for § 1983 purposes. Instead, the claim must be anchored in the Constitution (e.g., due process, equal protection, Fourth Amendment). Courts analyze these claims under general constitutional principles.
