What Is Section 1983

Although section 1983 was designed especially to help african americans anyone can use it regardless of race.

What is section 1983. Section 1983 only applies to local state governments. The law refers to any citizen of the united states or any other person within the jurisdiction thereof this means that you can file a section 1983 action even if you are not a united states citizen. Historical development of section 1983.

This provision was formerly enacted as part of the ku klux klan act of 1871 and was originally designed to combat post civil war racial violence in the southern states. Section 1983 was originally designed to protect slaves who were freed in the civil war. Code is part of the civil rights act of 1871.

Rights secured by the constitution and laws. Section 1983 provides an individual the right to sue state government employees and others acting under color of state law for civil rights violations. Section 1983 of title 42 of the united states code 42 uscs 1983 is part of the civil rights act of 1871.

Southern states passed laws that harassed and intimidated african americans. Civil action for deprivation of rights. Constitution or federal statutes.

It is a means to enforce civil rights that already exist. 1983 that allows people to sue the government for civil rights violations. A section 1983 lawsuit is a civil rights lawsuit that can be filed by someone whose civil rights have been violated.

Although passed in 1871 section 1983 did not come into use as a tool to prevent abuses by state officials until 1961 with the supreme court case of monroe v. Reenacted as part of the civil rights act section 1983 is as of the early 2000s the primary means of enforcing all constitutional rights. Constitution and laws while acting under color of any statute ordinance regulation custom or usage of a state.