Which element is NOT part of 42 U.S.C. 1983?

The element that is not part of 42 U.S.C. 1983 is intentional ailment. The statute provides a framework for individuals to seek damages against state actors for civil rights violations. It encompasses several key elements: an action taken under color of law, a deprivation of rights, and the involvement of a U.S. citizen or any other person.

Under color of law refers to actions taken by government officials in their official capacities, indicating that the enforcement or violation of rights occurs within the scope of their authority. The requirement of being a U.S. citizen or any other person establishes that the statute protects not only citizens but also non-citizens under certain circumstances living within the jurisdiction. Lastly, deprivation of rights ensures that the action specifically relates to the infringement of constitutional or statutory rights.

Intentional ailment does not accurately reflect any of the necessary elements included in this statute, making it the correct choice as it is not a required component for establishing a case under 42 U.S.C. 1983.