Harold Hitz Burton,
Collins v. Hardyman — Dissent
“ Congress certainly has the power to create a federal cause of action in favor of persons injured by private individuals through the abridgment of federally created constitutional rights. It seems to me that Congress has done just this in R.S. § 1980 (3) . ”
Harold Hitz Burton,
Collins v. Hardyman — Dissent
“ In fact, R.S. § 1980 (3) originally was § 2 of the Act of April 20, 1871, and § 1 of that same Act said 'That any person who, under color of any law, statute, ordinance, regulation, custom, or usage of any State, shall subject * * * any person within the jurisdiction of the United States to the deprivation of any rights, privileges, or immunities secured by the Constitution of the United States, shall * * * be liable to the party injured * * *.' (Emphasis added.) ”
