Section 1983 of the United States Code is a federal law that provides a cause of action for victims of constitutional violations by state or local government officials. The law is commonly used to challenge police misconduct, but can also be used to assert other civil rights violations.
The law was enacted in 1871 as part of the Reconstruction Era Amendments (13th, 14th, and 15th Amendments) to the Constitution. It was designed to protect newly freed slaves from the discriminatory practices of Southern states. However, the law has been interpreted more broadly over time, and is now used to protect a wide range of constitutional rights.
Section 1983 provides that “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.”
How is Section 1983 applied today?
This broad language has been interpreted to allow victims of constitutional violations to sue state and local government officials for damages. In order to succeed on a Section 1983 claim, a plaintiff must show that: (1) the defendant acted under color of state law; and (2) the defendant’s actions deprived the plaintiff of a right guaranteed by the Constitution.
The Supreme Court has recognized that not all constitutional violations will give rise to a Section 1983 claim. In order to be actionable under the law, the constitutional violation must be “sufficiently egregious” such that it “shock(s) the conscience” or amounts to “conduct that deliberately disregards fundamental rights.”
As a result, Section 1983 is not a catch-all remedy for all constitutional violations. But it is an important tool for holding state and local government officials accountable for their actions, and ensuring that the Constitution is respected and enforced.
What are some examples of lawsuits under section 1983 of the United States Code?
One well-known example of a lawsuit brought under Section 1983 is the case of Rodney King. In 1991, Mr. King was brutally beaten by police officers in Los Angeles, California. The officers were acquitted of criminal charges, but Mr. King filed a civil lawsuit against the city of Los Angeles under Section 1983. He alleged that the police officers had deprived him of his constitutional right to be free from excessive force.
The jury in Mr. King’s case found that the police officers had indeed used excessive force, and awarded him $3.8 million in damages. This case helped to shed light on the problem of police misconduct, and led to reforms in the way that police officers are trained and supervised.
Other notable cases that have been brought under Section 1983 include:
- Brown v. Board of Education, in which the Supreme Court held that racial segregation in public schools violated the Equal Protection Clause of the Fourteenth Amendment;
- Plessy v. Ferguson, in which the Supreme Court upheld racial segregation under the “separate but equal” doctrine;
- Gideon v. Wainwright, in which the Supreme Court held that criminal defendants have a right to an attorney;
- Miranda v. Arizona, in which the Supreme Court established the Miranda warnings for criminal suspects; and
- Engle v. Vitale, in which the Supreme Court held that state-sponsored prayers in public schools violated the Establishment Clause of the First Amendment.
These cases show that Section 1983 can be used to protect a wide range of constitutional rights. The law is an important tool for ensuring that state and local government officials respect and uphold the Constitution.
