Page:Health and Hospital Corp. of Marion Co. v. Talevski.pdf/3

Rh “unambiguously confe[r]” individual rights, making those rights “presumptively enforceable” under §1983. Id., at 283–284.

(2) Even if a statutory provision unambiguously secures rights, a defendant “may defeat [the] presumption by demonstrating that Congress did not intend” that §1983 be available to enforce those rights. Rancho Palos Verdes v. Abrams, 544 U. S. 113, 120. Evidence of such intent may be found expressly in the statute creating the right, or