Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Section 1983 and Civil Rights Lawsuits

In the U.S., people are guaranteed certain civil rights. In fact, if a state actor uses the legal system to deprive a person of their constitutional rights, that person may have a cause for legal action against them in the form of a civil rights lawsuit. More specifically, 42 U.S. Code, Section 1983 provides a civil cause of action against the person responsible.

Civil Rights Lawsuits: Text of Section 1983

It's often helpful to read the actual text of a statute as you begin your research and understanding of a law. Section 1983 states:

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. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

Civil Rights Lawsuits and Sovereign Immunity

In common law, actions against the state and its agents were barred by the doctrine of sovereign immunity. Following the landmark Supreme Court case of Chisolm v. Georgia, in which the court permitted the lawsuit of an out-of-state resident against Georgia, Congress passed the 11th Amendment. The Amendment explicitly prohibited lawsuits against states.

However, subsequent Supreme Court cases have established that the 11th Amendment has not totally removed the ability to sue states for their constitutional violations. This is where Section 1983 comes into play, as it creates rights under federal law to initiate lawsuits against states and their agents.

Historical Development of Section 1983

Although passed in 1871, Section 1983 did not come into use as a tool to prevent abuses by state officials until 1961 with the Supreme Court case of Monroe v. Pape. In Monroe, the Supreme Court listed three uses for the statute:

  1. Overriding state laws
  2. Providing remedies where state laws are inadequate
  3. Providing federal remedies where state remedies are available in theory, but not in actuality

Section 1983 has undergone continuing expansion since this time, permitting suits against municipal entities as well as state actors. State officials found blameworthy under Section 1983 have included police officers, correctional officers, state and municipal officials, municipal entities, and private parties acting under color of law.

Requirements For Section 1983 Relief

Many requirements that must be fulfilled before Section 1983 relief can be made available. The claimant must have had federal rights violated by someone acting under color of state law.

Whether federal rights arise under the U.S. Constitution or federal statutes, it can be difficult to establish that a right exists, or that the person infringing that right was acting "under color of law." It's also important to note that the 11th Amendment continues to provide limited immunity to some actors for certain acts.

The Supreme Court case Cort v. Ash provided the following four-part test for determining whether a claimant has the right to sue under a federal statute:

  1. The claimant has membership in the class for whose benefit the statute was enacted
  2. There is evidence of congressional intent to confer a private remedy
  3. There is consistency between the right to sue and Congress' statutory intent
  4. The claim involves a cause of action not traditionally relegated to the states

The test has the effect of requiring both a private right and a private remedy.

Get Legal Help Understanding Section 1983 and Civil Rights Lawsuits

Although Section 1983 authority has expanded dramatically since its introduction, claims of this sort remain procedurally complicated. There are a host of elements that need to be established before a claim can be pursued and without careful preparation, your case could be sunk before it even starts. Contact an experienced Section 1983 attorney who can review your case and help you prepare an effective claim.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:

Next Steps

Contact a qualified criminal lawyer to make sure your rights are protected.

Begin typing to search, use arrow keys to navigate, use enter to select

Help Me Find a Do-It-Yourself Solution

Can I Solve This on My Own or Do I Need an Attorney?

  • Complex criminal defense situations usually require a lawyer
  • Defense attorneys can help protect your rights
  • A lawyer can seek to reduce or eliminate criminal penalties

Get tailored advice and ask your legal questions. Many attorneys offer free consultations.


 If you need an attorney, find one right now.

Copied to clipboard

Find a Lawyer

More Options