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26
and Count Seven is construed as seeking to assert a § 1983 claim
against defendants Gayle and Briggs.
Under 42 U.S.C. § 1983, a plaintiff may maintain a private
right of action if a person, acting under color of state law,
deprives the plaintiff of rights secured by the Uni ted States
Constitution. Wahi v. Charleston Area Medical Cent er, Inc.,
562 F.3d 599, 615 (4th Cir. 2009). Section 1983 st ates, in
relevant part:
Every person who, under color of any statute,
ordinance, regulation, custom, or usage, of any Sta te
or Territory or the District of Columbia, subjects, or
causes to be subjected, any citizen of the United
States or other person within the jurisdiction ther eof
to the deprivation of any rights, privileges, or
immunities secured by the Constitution and laws, sh all
be liable to the party injured in an action at law,
suit in equity, or other proper proceeding for redr ess
. . . .
42 U.S.C. § 1983.
The United States Supreme Court has held that
municipalities and other local government entities are ―persons‖
subject to suit under § 1983. Collins v. City of H arker
Heights, 503 U.S. 115, 120 (1992); Monell v. Dep‘ t of Soc.
Servs., 436 U.S. 658, 690 (1978). When a § 1983 claim is
asserted against a municipality, or a municipal sup ervisor in
his or her official capacity, two issues much be ad dressed:
―‗(1) whether plaintiff‘ s harm was caused by a constitutional
violation, and (2) if so, whether the city is respo nsible for Jump to an indexed page (39 of 39)