Federal civil rights statute allowing lawsuits against government officials who violate constitutional rights.
Full Text
§ 1983. Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.
Elements of a § 1983 Claim
To succeed on a § 1983 claim, a plaintiff must prove:
- Action under color of law — The defendant acted under authority of state or local government
- Deprivation of rights — The action deprived plaintiff of a constitutional or federal right
Common Constitutional Violations
Fourth Amendment
- Unlawful search and seizure
- Excessive force
- False arrest
First Amendment
- Retaliation for speech
- Interference with press
- Religious discrimination
Fourteenth Amendment
- Due process violations
- Equal protection violations
- Deliberate indifference
Remedies Available
- Compensatory damages — For actual harm suffered
- Nominal damages — When rights violated but no actual damages
- Punitive damages — For malicious or reckless conduct
- Injunctive relief — Court orders to stop ongoing violations
- Declaratory relief — Court declaration of rights
- Attorney’s fees — Under 42 U.S.C. § 1988
Qualified Immunity
Government officials may claim qualified immunity, protecting them from suit unless:
- They violated a constitutional right, AND
- That right was “clearly established” at the time
Relevance
Section 1983 is the primary vehicle for:
- Challenging police misconduct
- Addressing false arrests and excessive force
- Seeking accountability for constitutional violations
- Obtaining damages for civil rights abuses