§ 1983. Civil action for deprivation of rights
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TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983
§ 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. 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.
This federal statute is used to recover damages when a government employee deprives a person or business of rights granted under the Constitution and laws. Examples are property inspections without permission or warrant, discriminatory or unequal enforcement. If you win a case based on a §1983 claim you are entitled to monetary damages and attorney costs.
This can be one of the more powerful tools in dealing with government employees behaving badly. Not only can the division of government be sued, but the individual employee can become personally liable as well.
Section 1983 Litigation: Claims and Defenses By Martin A. Schwartz is a good in-depth study, with case law.
