A Section 1983 lawsuit is a legal claim that demands financial compensation for violations of your civil rights. Four things to know about them in California are:
- overcoming the qualified immunity defense can be difficult,
- there is a California state law, the Bane Act, that can be used as well,
- you can also win an injunction, and
- there is typically a 2-year statute of limitations for Section 1983 claims in California.
1. The qualified immunity defense
Qualified immunity is a defense to Section 1983 claims that demand monetary damages. It is probably the most frequently invoked defense in these civil rights claims. The qualified immunity defense argues that the person who allegedly violated your civil rights:
- was acting in their official capacity at the time, and
- exercised their discretion within that capacity in good faith.[1]
To overcome this defense, you would have to show that the constitutional right that was violated was a clearly established one.[2]
If you cannot overcome the qualified immunity defense, your case will be dismissed.
The defense is only available to individual defendants facing federal claims for monetary damages. It is not available to:
- Section 1983 claims against organizations or institutions, like a police department, or
- individual defendants in claims that only seek an injunction, like a change in policy or a restraining order.
2. California’s Bane Act
California also has a state law called the Tom Bane Civil Rights Act.[3] This law lets you file a civil rights claim against anyone who interferes with your civil rights, whether through:
- violence,
- threats of violence,
- intimidation, or
The person or entity who violated your rights can be a:
- public official,
- corporation,
- government department,
- police officer, or
- private individual.
You can file a Bane Act lawsuit for the violation of any of your legal rights, whether they come from:
- the U.S. Constitution,
- federal law,
- the California state constitution, or
- California law.[4]
Successful Bane Act lawsuits can recover at least $4,000 in compensation for your losses, including for your medical bills and emotional distress. The amount of your compensatory damages can be tripled by the jury.[5] The lawsuit can also recover:
- your attorneys’ fees,
- punitive damages,
- a civil penalty of $25,000, and
- an injunction.[6]
Importantly, qualified immunity is no longer a defense in many Bane Act lawsuits in California.[7]
3. An injunction can be issued
Section 1983 lawsuits can demand an injunction instead of, or in addition to, monetary damages. An injunction is a court order for the defendant to either:
- do a specific thing, or
- refrain from doing a particular thing.
An example of an injunction is for the court to require a police department to record the race of anyone who has been arrested in order to better track the department’s racial profiling.
Injunctions are often demanded in order to stop an ongoing course of conduct that violates civil rights.
The qualified immunity defense cannot be raised in cases that only demand injunctive relief. This makes injunction-only cases more likely to succeed, though they do not recover compensation for past constitutional violations.
4. The statute of limitations
Section 1983 lawsuits must be filed in state or federal court before the statute of limitations has expired. However, the law that allows for Section 1983 claims does not have a statute of limitations.[8] According to the Supreme Court, the state statute of limitations for cases that most resemble the Section 1983 claim applies.[9]
This is generally the state’s statute of limitations for personal injury claims. In California, that is typically 2 years from the date of the incident.[10]
If you fail to file the lawsuit in state or district court before the statute of limitations has expired, your claim can be easily dismissed.
If your federal rights were violated, like if state officials deprived you of your Freedom of Speech rights under the First Amendment by censoring you during a public hearing, you should go to a law firm well before the statute of limitations approaches. Building a strong Section 1983 lawsuit takes time.
What civil rights violations can lead to a Section 1983 lawsuit?
Violations of your federal rights can lead to a Section 1983 lawsuit. A few examples are:
- state officials stripping welfare recipients of their benefits (violating their rights under federal law),[11]
- a judge sexually assaulting women while on the job (violating their due process rights to liberty under the Fourteenth Amendment),[12]
- police officers using excessive force during an arrest (violating the arrestee’s Fourth Amendment rights against unreasonable searches and seizures),[13] and
- jail guards making an ex-gang member share a cell with current gang members, even after learning of the risks that this posed (violating federal statutes and potentially the Eighth Amendment’s prohibition against unusual punishment).[14]
Note that violations of your state civil rights cannot support a Section 1983 cause of action. In California, they can lead to a tort claim under the Bane Act.
Who can I file a Section 1983 lawsuit against?
You can file a Section 1983 lawsuit against anyone who:
- violates your civil rights, and
- does so under the color of state law.[15]
The term “under color of law” means the defendant acted with the apparent authority of the state. That state can be the:
- federal government,
- state government, or
- local government.
This covers:
- the conduct of government officials on the job,
- law enforcement officers who behave as if they are in their official capacity, and
- employees of a public entity.
Note that conduct is “under color of law” if the actor has the apparent authority of the state. Police misconduct done by off-duty officers who wave their badges around while making excessive use of force can still lead to a Section 1983 claim.
What is 42 United States Code Section 1983?
42 U.S.C. section 1983 is a federal civil rights law. It was passed by Congress in 1871 in response to systemic civil rights violations suffered by African Americans in the South after the Civil War ended.
The goal of Section 1983 was to let these victims file a civil action in federal court, rather than in racially biased state courts. It also created an exception to sovereign immunity, which insulated state governments from liability.
Legal References:
[1] See Harlow v. Fitzgerald, 457 U.S. 800 (1982).
[2] Harlow v. Fitzgerald, 457 U.S. 800 (1982).
[3] California Civil Code 52.1 CIV.
[4] California Civil Code 52.1(c) CIV.
[5] California Civil Code 52(a) CIV.
[6] California Civil Code 52 CIV.
[8] 42 U.S.C. § 1983.
[9] Owens v. Okure, 488 U.S. 235 (1989).
[10] California Code of Civil Procedure 335.1 CCP.
[11] Maine v. Thiboutot, 100 S.Ct. 2502 (1980).
[12] U.S. v. Lanier, 520 U.S. 259 (1997).
[13] Rivas-Villegas v. Cortesluna, 142 S.Ct. 4 (2021).
[14] Cortez v. County of Los Angeles, 294 F.3d 1186 (9th Cir. 2002).