ABSTRACT

OVERVIEW Federal civil lawsuits arising out of allegations of deprivations of constitutional rights by local officials are filed in accordance with § 1983. It provides remedies for violations of federal rights. Section 1983 lawsuits may include claims of abuse of authority by police and correctional personnel with arrestees and prisoners, issues of school desegregation, and other institutional reform litigation. For 40 years, § 1983 litigation has made up the majority of civil litigation in the United States. This chapter will provide an overview of the historical and contemporary use of § 1983 and the methods that are used to bring a constitutional claim against criminal justice personnel.