ABSTRACT
In 1871, Congress passed a law allowing individuals to sue state governments in federal courts; such lawsuits became known as "section 1983 actions" under the United States Code. The right to sue the federal government for damages was created by the US Supreme Court in Bivens v. Six Unknown Federal Narcotics Agents (1971). Section 1983 of the law prohibited state officials from denying citizens of the state due process of the law. In Bivens, the Court expanded protections for individuals whose constitutional rights were violated by federal employees. The Bivens decision opened an opportunity for defendants and convicted prisoners to sue prosecutors, police officers, and prison officials, charging them with violating their due process rights. The Court under Chief Justice Rehnquist treated section 1983 actions in much the same way as it did Bivens claims. Under section 1983, state officials can be sued only if they violate rights while denying due process to a citizen.
