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Another And Hopefully Final Look At The Property--Personal Liberty Distinction Of Section 1343(3), John Lecornu

Vanderbilt Law Review

Recent years have witnessed increasing confusion and uncertainty over the proper scope of section 1343(3) of Title 28 of the United States Code, the jurisdictional counterpart of section 1983 of Title 42. Both provisions originated in the Civil Rights Act of 1871. Section 1983 creates a cause of action to redress the deprivation, under color of state law, of any rights, privileges, or immunities secured by the Constitution or laws. Section 1343(3) grants to the federal district courts original jurisdiction, irrespective of amount in controversy, over any civil action authorized by law that is commenced by any person: "To redress …