A. Section 1983 Lawsuits

• Library: The Jailhouse Lawyer's Handbook (CCR) (2021 Ed.)

A. Section 1983 Lawsuits

Section 1983 lawsuits provide a way for people in state prisons or local jails to get relief from unconstitutional treatment or conditions. The main way to understand what kind of lawsuit you can bring under Section 1983 is to look at the words of that law:

"Every person who, under color of any statute, ordinance, regulation, custom or usage, of any State or Territory, or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress..."

Some of the words are perfectly clear. Others have meanings that you might not expect, based on years of interpretation by judges. In this section we will explore what the words themselves and judges' opinions from past lawsuits tell us about what kind of suit is allowed under Section 1983.

Although Section 1983 was designed especially to help Black people, anyone can use it, regardless of race. 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. Martinez v. City of Los Angeles, 141 F.3d 1373 (9th Cir. 1998). All you need is to have been "within the jurisdiction" when your rights were violated. "Within the jurisdiction" just means you were physically present in the United States.

Not every harm you suffer or every violation of your rights is covered by Section 1983. There are two requirements. First, Section 1983 applies to the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws." This means that the violations you are suing about must violate your federal rights. Federal rights are those given by the U.S. Constitution, Amendments to the Constitution, and laws passed by the U.S. Congress. They are explained in part 1, below. Second, Section 1983 also says "under color of any statue, ordinance, regulation, custom or usage, of any State or Territory." Courts have developed a shorthand for this phrase. They call it "under color of state law." This means that the violation of your rights must have been done by a state or local official. This requirement is explained in part 2 below.

1. Violations of Your Federal Rights

Section...