Section 1983 is one of the main federal statutes that allows people to sue state or local officials when their civil rights are violated. It provides a civil remedy when someone while acting under color of state law violates a right protected by the U.S. Constitution or another enforceable federal law.
When Congress enacted the law in 1871, it was called the Civil Rights Act of 1871. Today, it is codified at 42 U.S.C. Section 1983.
While Section 1983 is a very powerful statute, it does not make every unfair or harmful government action a civil rights case.
Section 1983 does not create the constitutional or federal right being enforced. Instead, it provides a way to bring a civil claim when a government actor deprives someone of an existing federally protected right.
What must a Section 1983 claim prove?
The success of a Section 1983 claim is usually determined by two core questions:
- Did the defendant act under color of state law?
- Did that conduct deprive the person of a right protected by the Constitution or an enforceable federal law?
Acting under color of state law generally means using power granted through a state or local government position. Police officers, jail staff, public school officials and other state or local employees may fit that description while performing government work.
Just because someone has a government job does not mean they were acting under the color of state law, especially if the conduct was purely private and unrelated to their official authority. In some cases, a private company or contractor can be a state actor when performing government work, such as providing medical care in a jail.
The claim must show a connection between the defendant’s conduct and the violation and the resulting harm.
Depending on the facts, Section 1983 claims may involve:
- excessive force during a stop, arrest or detention
- an unreasonable search, seizure or arrest
- retaliation for speech protected by the First Amendment
- discriminatory treatment or denial of due process
- unconstitutional conditions or denied medical care in a jail
Michigan Legal Center’s civil rights lawyers can review claims involving police misconduct, jail injuries and other possible violations of federal rights.
Who can be sued under Section 1983?
Identifying the correct defendant depends on who committed the violation, what authority they had and what specifically caused the violation.
An individual state or local official may be sued when their own conduct caused the violation. Depending on the circumstances, the official may be able to raise qualified immunity, so a civil rights violation does not establish personal liability.
A city or county can be sued, but is not automatically liable just because it employed the defendant. Under Monell v. Department of Social Services, the injury generally must be tied to the local government’s own policy, custom, decision or qualifying failure to train or supervise.
The state itself, state agencies and state officials generally cannot be sued under Section 1983. A state official may, however, be sued in their individual capacity for their own actions. In limited situations, a lawsuit seeking court ordered relief against a state official may be possible.
Federal officials fall outside the ordinary Section 1983 framework because the law applies to conduct under color of state law. Claims against federal officials may be governed by different and more limited rules.
This means that a government organization or employee’s connection to a civil rights violation does not mean they can be held liable.
What can a Section 1983 lawsuit recover?
There is no standard amount or rule that can easily determine the value of a case or settlement. How much money may be recovered depends on the facts of the case, including what happened, what harm can be proved, who the defendants are and what the court can legally order.
A Section 1983 case may seek:
- compensatory damages for proven physical, financial or emotional harm caused by the violation
- nominal damages when a person’s rights were violated but they cannot prove substantial financial or other compensable harm
- punitive damages against an individual defendant in limited cases involving malicious conduct or reckless disregard for federal rights
- a court order stopping or correcting ongoing unlawful conduct when the legal requirements are met
- attorney fees and costs if the case goes to trial and the plaintiff is the prevailing party, when allowed by the court under 42 U.S.C. § 1988
A city or county cannot be held liable for punitive damages under Section 1983. City of Newport v. Fact Concerts established that municipalities are immune from those damages in Section 1983 cases.
A temporary violation with little documented harm may result in less compensation than a case involving serious injury, lost income, lasting trauma or death. Still, a lack of substantial financial loss does not necessarily mean a person’s rights were not violated or that no relief is available.
Search results or another person’s settlement cannot determine what a different case is worth because every case depends on its own facts, evidence and legal issues.
How long do you have to file a Section 1983 claim in Michigan?
In Michigan, a Section 1983 claim generally must be filed within three years. Federal courts use Michigan’s three-year personal injury limitations period, found in MCL 600.5805. The U.S. Court of Appeals for the Sixth Circuit confirmed this rule in Garza v. Lansing School District.
Federal law determines when a Section 1983 claim starts. That is often when the person knew or had reason to know of the injury and the conduct that caused it. Some claims have different accrual rules, especially claims connected to an arrest, criminal prosecution or conviction.
A related criminal case does not automatically pause the Section 1983 deadline. Do not calculate a deadline from a general article or wait until the end of the three-year period to seek legal advice, because evidence can be lost much sooner.
Does someone in jail or prison need to file a grievance first?
Yes. For a prisoner or pretrial detainee to bring a federal claim about jail or prison conditions generally they will first have to exhaust available administrative remedies under 42 U.S.C. Section 1997e.
Their custody status when the lawsuit is filed, the facility’s grievance process and whether a remedy was actually available can all affect the analysis. Evidence preservation should not wait while those issues are reviewed.
What should you do after a possible civil rights violation?
Your first priority is safety and medical care. Get yourself or any other injured person to a safe location and get necessary treatment. Then write down what happened while it is still fresh in your mind and save the records you already have.
Useful evidence may include:
- phone video, photos, text messages, emails and social media messages
- officer names, badge numbers, agency names and vehicle numbers
- witness names and contact information
- medical records, bills, photos of injuries and work loss records
- tickets, charging papers, court records, jail documents and release papers
- video that may exist at a nearby business, home security system, body camera, dash camera, jail or school
Do not alter or delete evidence or try to get records you do not legally have access to.
A Freedom of Information Act request may help in obtaining public records. It is not the same as a preservation request. Michigan FOIA also has exemptions and generally does not allow people incarcerated in correctional facilities to make their own requests.
Michigan Legal Center’s civil rights lawyers can review the event, identify the possible federal right and evaluate whether the facts support a Section 1983 claim or a different legal claim. To start a free case evaluation, contact Michigan Legal Center.