Section 1983 Lawsuits: Suing the Government for Civil Rights Violations

42 U.S.C. Section 1983 is part of the Civil Rights Act of 1871. It allows you to sue state and local government officials in a civil action when, acting under the color of state law, they violate your civil rights.

Understanding what qualifies as a civil rights violation under Section 1983, who can be held responsible, what type of evidence is required to prove your case, and what to expect during the legal process can help you protect your rights.

To learn more about pursuing a civil rights lawsuit under Section 1983, contact an experienced civil rights attorney who can provide legal advice and protect your rights.

What Is a Section 1983 Lawsuit?

A Section 1983 lawsuit allows people to sue state or local government officials when these officials, acting under color of state law, violate their federal rights. Plaintiffs in these cases seek damages or other relief.

Section 1983 was originally known as the Ku Klux Klan Act, since it sought to protect recently freed slaves from oppressive state governments. Over time, courts have interpreted Section 1983 to apply to many contexts involving alleged constitutional violations.

Section 1983 plays a critical role in protecting people from government abuses and promoting accountability among those in positions of power. However, it does not create substantive rights. Instead, it provides a cause of action for violations of existing federal rights.

Some states have their own laws or constitutional claims that provide remedies similar to those available under Section 1983, but the scope of those claims varies by jurisdiction.

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Common Civil Rights Violations

Section 1983 cases cover a broad range of civil rights violations, including:

• First Amendment protections. This includes the right to freedom of speech, press, assembly, petition, and religion. For example, these claims can include a local police officer retaliating against you for filming an arrest.
• Fourth Amendment protections. Protect against unreasonable search and seizure. These claims often involve false arrest, unlawful searches, or the use of excessive force by law enforcement officers.
• Eighth Amendment protections. Prohibits excessive bail and cruel and unusual punishment, such as denying critical care to inmates or subjecting them to severe prison conditions.
• Fourteenth Amendment’s due process protections. This also includes equal protection claims. These claims can include unfair legal procedures, racial profiling, or discrimination.

What You Must Prove To Win a Section 1983 Claim

To have a successful claim under Section 1983, the plaintiff must prove each of the following:

1. The defendant acted under “color of state law,” meaning they acted in their official capacity as a state or local government official or with the apparent authority of the state
2. The defendant’s actions resulted in a deprivation of rights under the U.S. Constitution or federal law
3. The violation caused the plaintiff harm. The plaintiff must be able to demonstrate that the defendant caused them to suffer damages or personal injuries

In these cases, the burden of proof is on the plaintiff.

Who You Can Sue in a Section 1983 Claim

Parties you may be able to sue in a Section 1983 claim include:

• Individual government officials. Police officers, prison guards, sheriffs, school officials, and other government employees who violate an individual’s civil rights while acting under the color of state law.
• Local government entities or municipalities. This can include cities, counties, and municipalities, but generally only when the constitutional violation was caused by an official policy, custom, or practice.
• Private individuals or entities. Only in limited situations, if they were acting under the color of state law or jointly performing a governmental function.

Who You Cannot Sue in a Section 1983 Claim

States and state agencies are typically immune from Section 1983 claims under the Eleventh Amendment, and Section 1983 does not generally apply to the federal government or its officials.

To sue a federal official for constitutional violations, plaintiffs cannot use Section 1983; instead, they must rely on a specialized, narrower legal framework known as a Bivens action.

Individuals such as judges and prosecutors may also be protected by immunity depending on the conduct at issue. Judges enjoy absolute immunity for actions performed within their jurisdiction, while prosecutors enjoy absolute prosecutorial immunity for activities associated with the judicial phase of the criminal process.

Other officials, including most public servants, such as police officers and prison guards, are protected by qualified immunity.

Overcoming the Qualified Immunity Hurdle

The U.S. Supreme Court has ruled that qualified immunity often protects government officials from personal liability.

To overcome this immunity, a plaintiff must show two things:

1. That the official’s conduct violated a constitutional right
2. That the constitutional right was clearly established at the time of the conduct

Government Liability and Sovereign Immunity

Section 1983 holds individual government officials accountable for their actions. However, lawsuits against government entities are subject to different, and often stricter, rules.

Whether a government entity can be held liable depends on the type of government entity involved:

• Federal government and federal agencies. Section 1983 does not generally apply to federal officials and agencies.
• States and state agencies. Generally protected against Section 1983 damages claims by sovereign immunity under the Eleventh Amendment.
• Local governments and municipalities. The plaintiff must provide proof that the violation resulted from an official policy, custom, or widespread practice.

Deadlines for Filing Section 1983 Cases

There is a time limit for filing Section 1983 cases. Federal courts generally borrow the state’s statute of limitations for personal injury actions to determine the filing deadline, while federal law governs when the claim accrues.

In many jurisdictions, Section 1983 claims must be filed within two or three years due to state statutes of limitations for personal injury claims. State law, and when the claim accrued under federal law, determines the exact deadline.

What Remedies Are Available in a Section 1983 Lawsuit?

Section 1983 cases may allow a plaintiff to recover different types of relief:

• Compensatory damages. Monetary compensation for losses or harm suffered, including lost wages, medical expenses, and pain and suffering.
• Punitive damages. Awarded when a defendant’s actions are particularly outrageous or malicious. Punitive damages are awarded as a punishment and a way to deter similar conduct in the future.

• Injunctive relief. A court order that directs a party to do a particular thing or prohibits a particular thing.
• Declaratory relief. A court ruling that defines the parties’ rights or declares whether conduct violated the law.

In addition to the remedies available, some federal statutes allow courts to award attorney fees to successful plaintiffs. This can help plaintiffs involved in civil rights litigation to recover some of the costs of bringing the lawsuit.

An Attorney Can Help You with a Civil Rights Claim

A person may file a Section 1983 claim without an attorney, but the complexities can be overwhelming for those without legal experience or expertise. These cases often involve immunity defenses, complex procedural rules, and thorny constitutional issues.

If you believe state or local governmental officials violated your civil rights, it’s critical to consult an experienced civil rights attorney who can:

• Evaluate the merits of the claim
• Investigate the facts and gather evidence to support your claim
• Communicate with opposing counsel and government entities on your behalf
• Negotiate a fair settlement or represent you in court

Section 1983 claims can be challenging to pursue, but if you suspect your rights have been violated, consult an attorney to seek the justice you deserve and protect your rights.