Section 1983 authorizes the assertion of a claim for relief based on a violation of rights “secured by the Constitution and laws” of the United States. The reference to “laws” means federal statutes. But not all federal statues are enforceable under §1983; some are, some are not. We will explain as we go along.

In Health and Hospital Corp. of Marion County v. Talevski, 143 S. Ct. 1444 (2023), the court held 7-2, that two provisions of the Federal Nursing Home Reform Act (FNHRA) are enforceable under §1983. One provision gives nursing home patients the right to be free of unnecessary chemical restraints. The other gives them the right not to be discharged or transferred unless specified preconditions are met.

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