WVCDL wrote:
ilbob wrote:
It has occurred to me more than once that the proper venue for a determination of what state law means is a state court not a federal one.
That is correct. Unless state law is clearly established, the proper manner for handlign this issue would be for the federal court to submit tot he state supreme court a certified question of law to ascertain what the state law is on a particular subject.
but this case was a federal suit against atlanta under section 1983 because they openly stated they were gonna violate bearden's rtkba under color of law by arresting him for doing something legal
Section 1983 provides:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State 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 thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.