{"id":352346,"date":"2023-08-28T13:27:20","date_gmt":"2023-08-28T18:27:20","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-rights\/42-u-s-code-section-1983.html"},"modified":"2026-03-18T08:14:42","modified_gmt":"2026-03-18T13:14:42","slug":"42-u-s-code-section-1983","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/42-u-s-code-section-1983.html","title":{"rendered":"42 U.S.C. Section 1983 and Civil Rights Lawsuits"},"content":{"rendered":"\n
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42 U.S.C. Section 1983 and Civil Rights Lawsuits<\/h1>\n\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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42 U.S.C<\/span>. Section 1983 is a federal law<\/span> that allows people to sue state and local <\/span>government<\/span> officials<\/span> who violate their constitutional rights<\/span>. This statute creates a civil cause of action when someone acting under color of law deprives a person of rights guaranteed by the Constitution or federal law<\/span>. Section 1983 lawsuits can result in monetary damages and injunctive relief against the responsible officials.<\/p>\n\n <\/div>\n\n\n\n

The U.S. Constitution<\/span> guarantees individuals certain civil rights<\/span> and liberties. The 1964 Civil Rights<\/span> Act<\/span> prohibits discrimination in specific contexts such as employment, education, and public accommodations. If a state actor deprives a person of their constitutional rights<\/span>, that person may have a cause of\u00a0action\u00a0through a\u00a0civil rights<\/span> lawsuit<\/span>\u00a0in either state or\u00a0federal court<\/span>\u00a0under\u00a0Section 1983.<\/p>\n

This article focuses on 42 U.S.C<\/span>. \u00a7 1983<\/u><\/a>, a section of the U.S. Code enacted in 1871 that provides a civil cause of action against state and local <\/span>government<\/span> officials<\/span> who violate a person’s constitutional rights<\/span>. If your civil rights<\/span><\/a> have been violated, an attorney can help you understand your legal options and pursue justice. Contact a civil rights<\/span> attorney<\/span><\/u><\/a> in your area to protect your rights and explore potential legal remedies.<\/p>\n

The Text and Development of Section 1983<\/h2>\n

Often referred to simply as Section 1983, 42 U.S.C<\/span>. \u00a7 1983<\/u><\/a> allows a person to sue state and local <\/span>government<\/span> officials<\/span> for violating their civil rights<\/span>.<\/p>\n

Section 1983 states:<\/p>\n

“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 \u2026”<\/em><\/p>\n

To summarize, any person is liable when they act under the color of law<\/u><\/a> in such a way that it deprives either a U.S. citizen or a person within the United States jurisdiction of the rights, privileges, or immunities guaranteed to them by the Constitution or by federal or state law<\/span>. Civil rights<\/span> violations<\/span><\/a> occur when a person or entity deprives another of the rights, privileges, or immunities guaranteed by the U.S. Constitution<\/span> or by law. These violations can lead to legal action<\/span> under Section 1983, allowing individuals to hold responsible parties accountable through civil rights<\/span> claims<\/span>.<\/p>\n

What Does “Acting Under Color of Law” Mean?<\/h3>\n

Acting under color of law means a person was using power or authority granted by a government entity. When they misuse it, they may expose themselves to civil action.<\/p>\n

For example, an off-duty police officer<\/span> who uses their badge and authority to make an unlawful arrest is still acting under color of law. A state official who enforces an unconstitutional policy while performing their official duties acts under color of law.<\/p>\n

Historical Development of Section 1983<\/h3>\n

Although enacted in 1871,\u00a042 U.S.C<\/span>. \u00a7 1983 did not become a tool to prevent abuses by government officials<\/span> for almost 90 years. In 1961, the U. S. Supreme Court decided the case of Monroe v. Pape<\/u><\/em><\/a>. In its ruling, the Supreme Court listed three uses for the statute:<\/p>\n