When state or local officials engage in wrongful activity, they may violate private individuals’ rights. Fortunately, Section 1983 of Title 42 of the U.S. Code allows people to sue in federal court when state or local government officials violate their civil or constitutional rights. However, Section 1983 claims have strict legal elements that a plaintiff must prove to secure relief for violations of their rights.
What Is a Section 1983 Claim?
A Section 1983 claim allows a person who has allegedly suffered a deprivation of their federal civil rights by a person acting under state or local government authority to file a lawsuit in federal court against that person to seek compensation or equitable relief. Section 1983 does not itself provide civil rights to individuals. Instead, the statute merely gives people the means to enforce their civil rights in federal court.
The Legal Elements of a Section 1983 Claim
A plaintiff asserting a Section 1983 claim must establish several legal elements to prove their case:
- The defendant acted under the color of state or local law: A Section 1983 claim must show that a defendant acted pursuant to authority afforded to them by a state or local government. As a result, Section 1983 does not permit lawsuits against private parties.
- The defendant’s conduct deprived the plaintiff of a right secured under the U.S. Constitution or federal law: A plaintiff must describe the specific right that the defendant violated.
Section 1983 only permits lawsuits against a “person,” which courts have also defined to include city or county governments, school districts, and local transit agencies, but to exclude the states and state agencies. Section 1983 also does not authorize lawsuits against federal officials or the federal government.
Common Civil Rights Violations Asserted in Section 1983 Claims
Section 1983 cases commonly arise in certain circumstances that involve alleged violations of federal civil rights. Some of the most common examples of Section 1983 claims include:
- Excessive force by police or corrections officers
- Unlawful arrest
- False imprisonment
- Malicious prosecution
- First Amendment retaliation
- Procedural or substantive due process violations
- Deliberate indifference to detainees’ or prisoners’ medical needs
- Unconstitutional municipal policies
The Qualified Immunity Hurdle
Federal courts have developed a legal doctrine called “qualified immunity” that provides state and local government employees and officials with a defense to Section 1983 claims. The qualified immunity defense protects state and local officials from liability in a Section 1983 action unless a plaintiff shows that the official violated a right that the courts had “clearly established” by the time of the alleged violation. Unfortunately, the defense has made Section 1983 claims harder to prove, since a plaintiff must prove that the violated right was “clearly established” in the law at the time of the defendant’s conduct.
Oregon-Specific Considerations in Section 1983 Claims
Federal courts hearing Section 1983 claims apply the most applicable state statute of limitations to the plaintiff’s allegations. In most cases, courts apply the personal injury limitations period. Oregon has a two-year statute of limitations for personal injury claims. However, should a plaintiff also assert state law tort claims against officials, they may also have to comply with the notice requirements under the Oregon Tort Claims Act.
Contact Our Civil Rights Firm Today for Assistance
When you’ve suffered harm due to a civil rights violation, you may have the option of seeking justice through a Section 1983 lawsuit. Contact Wayne A. Lamb Law today for a case review with a civil litigation attorney to learn more about the requirements of Section 1983 claims and to get the knowledgeable legal advocacy you need to pursue accountability from government employees or officials who violated your rights.