Federal Civil Rights Litigation: Section 1983 and Beyond

Key Civil Rights Statutes

Section 1983 of Title 42, United States Code, provides a cause of action against any person who, acting under color of state law, deprives another of rights secured by the Constitution or federal law. This statute does not create substantive rights but provides a mechanism for enforcing existing constitutional and statutory rights in federal court.

Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) prohibits employment discrimination based on race, color, religion, sex, or national origin. Claims must first be filed with the Equal Employment Opportunity Commission (EEOC) within 180 or 300 days of the discriminatory act, depending on the jurisdiction.

The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against individuals with disabilities in employment (Title I), public services (Title II), and public accommodations (Title III). The ADA Amendments Act of 2008 broadened the definition of disability to provide greater protection.

Section 1981 of Title 42 guarantees all persons the same right to make and enforce contracts regardless of race. Unlike Title VII, Section 1981 has no administrative exhaustion requirement, no cap on damages, and applies to both public and private employers.

Strategic Considerations for Civil Rights Plaintiffs

Qualified immunity is the most significant defense in Section 1983 litigation. To overcome qualified immunity, a plaintiff must show that the defendant violated a constitutional right and that the right was clearly established at the time of the violation. Identifying closely analogous precedent from the relevant circuit is essential.

Monell liability allows suits against municipalities under Section 1983 when the constitutional violation results from an official policy, custom, or practice. Establishing Monell liability requires identifying a specific policy or demonstrating a pattern of similar violations that the municipality failed to address.

Discovery in civil rights cases often involves significant challenges, including obtaining police body camera footage, internal affairs records, and prior complaint histories. Early and aggressive discovery requests, combined with motions to compel when necessary, are critical to building a strong case.

Expert witnesses play an increasingly important role in civil rights litigation, particularly in excessive force cases where police practices experts can testify about whether the officer's conduct conformed to accepted law enforcement standards.

Errors That Can Undermine Civil Rights Claims