Statutory Rights

Question 1

When is 1983 applicable to statutory rights?

Answer 1

With an enforceable right, lack of comprehensive enforcement/remedial scheme

Question 2

When is a right enforceable?

Answer 2

Look at congressional intent - must create new right with clear and unambiguous terms

Blessing factors

1. Benefit to P
2. Right is not vague and amorphous
3. Provision giving right must be in mandatory terms