A Section 1983 lawsuit is a civil rights lawsuit. It can be filed by someone whose civil rights have been violated. You can file a lawsuit if the wrongdoer was acting under color of law.¹

Civil rights are those guaranteed by the U.S. Constitution or certain federal laws. The Supreme Court recognizes that there is a deprivation of rights when:

• police misconduct such as excessive force and unreasonable use of force (like the use of a taser during an arrest),²
• police officers wantonly search your home and kill their dogs,³
• a judge sexually assaults women while in the course of his/her job,⁴
• state officials strip welfare recipients of their benefits,⁵
• jail guards put an ex-gang member in a prison cell with current gang members, even after being told of the danger.⁶

Rights guaranteed by state law cannot be the basis of a Section 1983 lawsuit. Only federal rights are protected by the statute.⁷

1.1. How it works

Technically, Section 1983 is nothing more than a procedural device based on a federal statute. It gives federal courts jurisdiction to hear civil rights actions.

No one can be liable under Section 1983. Instead, it creates liability for violating other federal laws. That is why 1983 cases always include an alleged violation of another law, such as the:

• First Amendment (freedom of speech, religion, and the press),
• Fourth Amendment (for example, arrests without probable cause, unreasonable searches),⁸
• Eighth Amendment (freedom from cruel and unusual punishment),⁹
• Fourteenth Amendment (for example, lack of due process, equal protection), or
• Social Security Act.¹⁰