ABSTRACT
This chapter provides 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. In April 1871, Title 42 United States Code § 1983 was passed by Congress, and it provides a vehicle for citizens to sue for violations of constitutional rights. Section 1983 added civil remedies to the criminal penalties that were enacted in 1866. Section 1983 was enacted by Congress for three main reasons: to redress unconstitutional laws; to provide a federal forum when there was no state court remedy on the books; and to provide a federal remedy when the state court remedy was available in theory but not in fact. Criminal justice personnel in a civil lawsuit usually have legal representation provided by their employing agency. Law or written policy in most state agencies provides for representation through the state attorney general's office.
