Legal Opinion

Ferstle v. American Samoa Government

High Court of American Samoa

Decided May 22, 1987No. CA No. 4-87Published

1Opinion of the Court

Defendant American Samoan Government, hereafter "ASG", moves for summary judgment in the above-entitled matter, asserting absolute immunity as a matter of law from suit premised on a cause of action provided under the Federal Civil Rights Act, 42 U.S.C. §§ 1983 and 1985.1

Section 1983 is remedial in nature and authorizes a civil action for deprivation of federal rights against a person acting under the color of state or territorial law, custom, or usage. The Supreme Court has variously explained the main purpose of this enactment as: enforcing the provisions of the Fourteenth Amendment; and…

2Cases cited7 opinions

  1. District of Columbia v. CarterSupreme Court of the United States · 1973
  2. Chisholm v. GeorgiaSupreme Court of the United States · 1793
  3. In the Matter of the Estate of Van B. Hooper, Deceased. The Government of the Virgin IslandsCourt of Appeals for the Third Circuit · 1966
  4. Thompson v. State of NYDistrict Court, N.D. New York · 1979
  5. True v. New York State Department of Correctional ServicesDistrict Court, W.D. New York · 1984

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