What is Section 1983?

“Section 1983” refers to 42 U.S.C. §1983, the statute that provides civil action for deprivation of constitutional and federal statutory rights by persons acting under “color of law.” After being enacted in 1871, Section 1983 experienced a period of dormancy, until 1961 and the landmark Supreme Court case, Monroe v. Pape, 365 U.S. 167 (1961), which gave private litigants a federal court remedy as a first resort rather than only in default of (or after) state action. Today, Section 1983 actions most commonly involve First Amendment issues like freedom of speech; Fourth Amendment issues like search and seizure or use of force; Eighth Amendment issues like cruel and unusual punishment; and Fourteenth Amendment claims of due process violations.

What Laws Govern Section 1983?

The Ku Klux Klan Act of 1871, ch. 22, §1, 17 Stat. 13 is the larger act of which 42 U.S.C. §1983 is one part. The jurisdictional authority of 42 U.S.C. §1983 is prescribed by 28 U.S.C. §1343 (a)(3). Individual state statutes of limitation will generally control Section 1983 claims. In Washington State, Wash. Rev. Code §4.16.080 defines actions limited to three years. A number of cases have noted that this three-year personal injury statute of limitations applies to Section 1983 actions, including RK Ventures, Inc. v. City of Seattle, 307 F.3d 1045 (2002).

Sources for Background Information:

Michael G. Collins, SECTION 1983 LITIGATION IN A NUTSHELL (2nd ed., 2001). KF 1325.C58 C65 2001

Maureen M. Middleton, Typical Section 1983 Claims (1999).

Additional Sources for Background Information:

Section 1983 actions can take many forms. The following sources offer general information about specific types of Section 1983 claims:

Police Misconduct:
John J. Davis, Police Misconduct and Civil Rights Law (1999).

Failure to Act:
Philip W. Savrin, Failure to Train as a Theory of Section 1983 Liability in the 11th Circuit (1999).

Education:
Liability Under Section 1983, Orange County Department of Education, Schools Legal Services (2003).

Print Sources:

David K. DeWolf & Keller W. Allen, WASHINGTON PRACTICE: TORT LAW AND PRACTICE. (Volume 16A, Chapter 25) KFW 80 .W34 v.16A

Sheldon H. Nahmod, CIVIL RIGHTS AND CIVIL LIBERTIES LITIGATION: THE LAW OF SECTION 1983 (4th ed. 1997). KF 1325.C58 N34 1997

CIVIL ACTIONS AGAINST THE UNITED STATES, ITS AGENCIES, OFFICERS AND EMPLOYEES, prepared by Shepherd’s editorial staff (published in 1992; supplemented through 2005). KF 1325.C58 1991

Ivan E. Bodensteiner, STATE AND LOCAL GOVERNMENT CIVIL RIGHTS LIABILITY (published in 1987; supplemented through 2005). KF 1325.C58 B63 1987

Steven H. Steinglass, SECTION 1983 LITIGATION IN STATE COURTS (published in 1987; supplemented through 2004). KF 1325.C58 S74 1987

John E. Kirklin & Martin A. Schwartz, SECTION 1983 LITIGATION (3rd ed. 1997). KF 1325.C58 S36 1997

Hon. George C. Pratt & Martin A. Schwartz, 21ST ANNUAL SECTION 1983 CIVIL RIGHTS LITIGATION, (Practising Law Institute ed., 2004). KF 1325.C58 R43

John W. Witt et al., SECTION 1983 LITIGATION: FORMS (3rd ed. Supp. 2004). KF 1325.C58 W57 1994

SO YOU THINK YOU HAVE A FEDERAL CASE? NUTS AND BOLTS OF 1983 CIVIL RIGHTS LITIGATION, Seattle, WA: Washington State Bar Association, Continuing Legal Education, 2003. KF 1325.C58 S69 2003

SWORD AND SHIELD REVISITED, A PRACTICAL APPROACH TO SECTION 1983 (Mary Massaron Ross ed., 1998). KF 1325.C58 S96 199

Additional titles available at KF 1325.C58

Online Sources:

Blum Karen M. & Kathryn R. Urbonya, SECTION 1983 LITIGATION (1998)

Gary Gildin, Civil Liberties Litigation (2007)

United States Department of Justice, Civil Rights Division

Findlaw: Library > Civil Rights > Section 1983

LexisNexis: Constitutional Law > Civil Rights Enforcement > Civil Rights Act of 1871

Westlaw: All Databases > Topical Materials by Area of Practice > Civil Rights

Additional Sources:

Seattle Office for Civil Rights
700 Third Avenue, Suite 250
Seattle, WA 98104-1849
Phone: (206) 684-4500

King County Office of Civil Rights
Yesler Building
400 Yesler Way, Room 260
Seattle, WA 98104-2683
Phone: (206) 296-7592

Washington State Human Rights Commission
711 S. Capitol Way, #402
P.O. Box 42490
Olympia, WA 98504-2490
Phone: (360) 753-6770
Fax: (360) 586-2282
Toll Free: 1-800-233-3247
TTY: 1-800-300-7525

American Civil Liberties Union of Washington
705 Second Avenue, Suite 300
Seattle, WA 98104
Administrative Telephone: (206) 624-2184
Complaint and Referral Line: (206) 624-2180