Inasmuch as wrongful custodial deaths may be brought under state tort law, § 1983 is not an appropriate jurisdictional basis for filing in the federal courts.

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Section 1983 provides a federal cause of action for the deprivation of rights, privileges, or immunities secured by the Constitution and laws, against any person acting under the color of any statute, ordinance, regulation, custom, or usage of any State or Territory. This means that wrongful custodial deaths, which involve the deprivation of constitutional rights (such as the right to life without due process of law), can indeed be brought under § 1983 in federal courts, in addition to any state tort law claims.

Inasmuch as Wrongful Custodial Deaths May Be Brought Under State