42 U.S.C. § 1983 · A outline

A · Element outline

Labels preserve the recorded AND / OR / EXCEPTION / DEFENSE structure.

Claim structure

Expression key: & = AND; | = OR; ! = exclusion / negation. Parentheses preserve grouping.

42usc1983:individual-damages

person & color-of-law & deprivation & causation & damages & !qualified-immunity & !x-absolute-immunity & !x-eleventh-amendment & !x-habeas-exhaustion & !statute-of-limitations & !x-collateral-estoppel

Personal-capacity damages suit against a state or local official (Hafer v. Melo). Subject to qualified or absolute common-law immunities.

42usc1983:individual-injunctive

person & color-of-law & deprivation & causation & standing-injury & !judicial-officer-injunctive-relief & !x-habeas-exhaustion & !statute-of-limitations

Prospective injunctive/declaratory suit against an official (Ex parte Young / Will v. Michigan Dept. of State Police fn. 10). Article III injury and causation establish standing; proof of compensatory damages is not required. The statutory judicial-officer bar remains applicable.

42usc1983:municipal

person & color-of-law & deprivation & policy & causation & damages & !statute-of-limitations & !x-collateral-estoppel

Local-government liability under Monell v. Department of Social Services (436 U.S. 658 (1978)): no respondeat superior; municipal policy or custom must be the moving force behind an underlying constitutional violation. Municipalities may not assert qualified immunity.

Constraints

In Fourteenth Amendment claims, the statutory "under color of" state law requirement and the constitutional "state action" requirement converge.

Municipal responsibility (Monell policy/custom, including Canton deliberate indifference) and the underlying constitutional deprivation are separate inquiries; satisfying policy cannot supply the constitutional violation.

Law modes, protocols and effects

law

Law kind: vehicle

deprivation carries: U.S. Const. amend. I; U.S. Const. amend. IV; U.S. Const. amend. VIII; U.S. Const. amend. XIV (due process, equal protection); federal statutory rights

element-effect

42usc1983:qualified-immunity: immunity-from-suit — individual-capacity damages only; no effect on municipal liability or on injunctive relief

Statute text with element anchors

Overlapping highlights link to the first element; the anchor key links every associated element. All offsets refer to unchanged source text.

§1983. Civil action for deprivation of rights 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, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. (R.S. §1979; Pub. L. 96–170, §1, Dec. 29, 1979, 93 Stat. 1284 ; Pub. L. 104–317, title III, §309(c), Oct. 19, 1996, 110 Stat. 3853 .)
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Element outline