WHAT IS A 1983 ACTION?
Posting Date: April 14, 2022
A “1983 action” refers to a civil lawsuit filed under section 1983 of the United States Code. This section provides individuals with the ability to sue state or local officials, including police officers and prison guards, who violate their constitutional rights. In simpler terms, it means that if a government employee, such as a police officer or prison guard, violates your constitutional rights, you can sue them for damages in a federal civil court.
The 1983 action is a powerful tool for individuals who have had their constitutional rights violated by government employees. This includes cases of police brutality, wrongful imprisonment, and violations of due process. The section was enacted in 1871 as part of the Civil Rights Act and was originally intended to provide protection for newly freed slaves. However, since then, it has been used to protect the civil rights of all individuals. One of the most famous examples of a 1983 action is the case of Rodney King. In 1991, Rodney King was beaten by Los Angeles police officers following a high-speed chase. The beating was captured on video and sparked widespread outrage. In the aftermath, King filed a 1983 action against the police officers involved. The case went to trial, and the officers were ultimately acquitted of criminal charges. However, King was awarded $3.8 million in damages in his civil suit. Another example of a 1983 action is the case of Terence Crutcher. In 2016, Crutcher, an unarmed black man, was shot and killed by a police officer in Tulsa, Oklahoma. The officer was charged with manslaughter but was ultimately acquitted. Crutcher’s family filed a 1983 action against the city and the police department, alleging that the officer’s actions violated Crutcher’s constitutional rights. The case was settled for $6 million. A third example of a 1983 action is the case of Albert Florence. In 2005, Florence was arrested on a warrant for an unpaid fine. During his processing at a county jail in New Jersey, he was subjected to two strip searches. Florence sued the jail officials, arguing that the strip searches violated his Fourth Amendment right to be free from unreasonable searches and seizures. The case went all the way to the Supreme Court, which ultimately ruled in favor of the jail officials.
While the 1983 action is a powerful tool for individuals seeking justice for constitutional violations, it is not without its limitations. One of the biggest limitations is the doctrine of qualified immunity. This doctrine provides government officials with immunity from civil lawsuits for actions taken in the course of their official duties unless their actions violate “clearly established” constitutional rights. This means that even if a government official violates your constitutional rights, they may not be held liable if those rights were not “clearly established” at the time of the violation.
In recent years, there has been significant debate over the doctrine of qualified immunity and whether it should be reformed or abolished. Critics argue that the doctrine allows government officials to escape accountability for their actions, even when those actions are clearly unconstitutional. Proponents of the doctrine argue that it is necessary to protect government officials from frivolous lawsuits and to ensure that they can carry out their duties without fear of being sued.
Despite its limitations, the 1983 action remains an important tool for individuals seeking justice for constitutional violations. It allows individuals to hold government officials accountable for their actions and to seek compensation for the harm they have suffered. Whether or not the doctrine of qualified immunity is reformed or abolished, the 1983 action will continue to play an important role in protecting the civil rights of individuals in the United States. At Paul Padda Law, our lawyers are highly experienced in handling civil rights cases of all types. If you’re thinking about a 1983 action or some other type of civil rights case, give us a call today at (702) 707-3000. Civil rights cases can be difficult. For this reason, having the right lawyer by your side is very important. Give us a call and let us help you.
Civil rights, as we know them today, were not initially a part of the United States Constitution. It took centuries of hard work before the United States guaranteed certain rights and liberties to all of its inhabitants. Civil rights attorneys played a significant role in American history, fighting to ensure the inherent rights of all…
COVID-19 has been nothing short of a disaster for much of the world. Just when you think dealing with the complications of a deadly disease is enough, another sinister enemy appears, “cybercriminals.” During the worldwide lockdowns, much of the world has turned to the internet for work, shopping, leisure, and more. Unfortunately, so have the…
Many Clark County parents and students are rejoicing at the recent news that the Clark County School District (“CCSD”) has reached a tentative reopening agreement for certain students. It’s important to note that the deal reached between the Clark County Education Association and the CCSD is to send some children back to the classroom, but…
On December 14, 2020, Nevada Governor Steve Sisolak signed and issued Emergency Directive 036 which implements a moratorium on residential evictions in Nevada through March 31, 2021. This moratorium applied to tenants unable to pay rent due to circumstances related to COVID-19, but does not prohibit certain evictions, including, for example, “evictions based on breaches…
Social distancing and lockdowns are necessary to help control the impact of coronavirus. However, an unanticipated consequence of these measures is their impact on domestic abuse victims in the U.S. and worldwide. Data suggests that isolation is one of the primary tactics used by abusers to isolate victims from their family, friends, and support networks.…
Thomas Jefferson once said, “We do not have government by the majority. We have government by the majority who participate.” That statement couldn’t be more accurate during this election cycle. Voting is the fuel that powers our democracy. Without it, the United States would be no different than the dictatorships, monarchies, and oligarchies of the…
