Under Title 42 U.S. Code Section 1983, the federal civil rights civil statute, individuals may file lawsuits against an offending officer, police department, or jurisdiction.151 Although the federal law, Section 1983, is used most frequently, plaintiffs may also use state-level statutes in bringing abuse lawsuits. The statute mandates that: Any 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. A Section 1983 lawsuit is a means for bringing civil claim against government officials and government agencies for violations of the U.S. Constitution and other federal laws. It is a type of civil rights lawsuit and is based on an 1871 law known as Section 1983 of Title 42 of United States Code. That law was designed to provide remedies for violations of federally protected rights committed by persons acting by or on behalf of a state governmental entity (also referred to as “under the color of state law”).When Congress passed the original form of the law in 1871, it was intended to counter abuses that were being committed against certain citizens primarily in southern states, where local officials were either unwilling or unable to properly enforce laws. The U.S. Supreme Court has determined that the “color of law” requirement is met when public officials act under the authority of state law, no matter whether such acts are illegal under state To be successful with a claim under Section 1983, a plaintiff must establish two things: (1) that the conduct being complained about was committed by a person acting under the color of state law; and (2) the conduct deprived the plaintiff of a constitutional right.
Posted on: Fri, 07 Jun 2013 15:18:26 +0000
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