Civil Rights: 1983 Action

Civil Action for Deprivation of Rights

• Under Title 42, Chapter 21, Subchapter I, Section 1983 of the United States Code, any person who, under color of state law, deprives another person of their constitutional rights or privileges can be held liable in a civil action.
• The U.S. Supreme Court has ruled that an officer and their department can be sued for money damages by the victim of an unlawful arrest.
• To bring an action under Section 1983, the victim must show that the actions complained of were performed under color of state law and by a state official.
• The liability of police officers under this statute is not dependent on whether their actions are legal under state law.
• A police officer's intent in making a false arrest is not material to an action for deprivation of civil rights brought under this statute.

Probable Cause

• Once probable cause to arrest is established, a law enforcement officer cannot be held liable for false arrest under state laws or deprivation of civil rights under Section 1983.
• Any collateral bad motive or intent on the part of the arresting officer is immaterial.
• Examples of cases that have been brought under Section 1983 include:
  • Failure to advise grounds for arrest and detention
  • Detaining the person arrested for too long a period
  • Assaulting the person arrested
  • Committing a battery upon the person arrested
  • Entrapping the person arrested
  • Performing an illegal search or seizure
  • Failure to provide medical attention
  • Placement in an unfavorable or suggestive lineup
  • Failure to protect victim's anonymity or safety
  • Use of unreasonable force during arrest or detention
  • Verbal abuse during arrest or detention

Conspiracy to Interfere with Civil Rights

• Under Title 42 US Code §1985(3), if two or more persons conspire to deprive another person or class of persons of equal protection of the laws or equal privileges and immunities under the laws, the injured party may have an action for damages.
• To make out a valid cause of action for damages under this section, the plaintiff must allege:
  • A conspiracy
  • An intent to deprive, either directly or indirectly, any person or class of persons of equal protection of the laws or equal privileges and immunities under the laws
  • An act in furtherance of the conspiracy
  • Injury to the person or property of the plaintiff or deprivation of any right or privilege of a citizen of the United States

Criminal Liability of Law Enforcement Officers

• Under 18 USC 241, a law enforcement officer may be held criminally liable if they enter into a conspiracy to deprive any citizen of any right or privilege guaranteed by the Constitution.
• The statute requires that the plaintiff be a citizen and that two or more persons acted together to deny that citizen their rights under the law.
• The mere acquiescence or silence or failure of a law enforcement officer to perform a duty does not make them a participant in a conspiracy, unless they act or fail to act with knowledge of the purpose of the conspiracy and with an intent to protect and aid it.

Deprivation of Rights Under Color of Law

• Under 18 USC 242, a law enforcement officer may be held criminally liable if they act under color of law to willfully deprive any inhabitant of the United States of rights guaranteed by the Constitution or laws of the United States.
• The elements of an offense under this statute include:
  • The accused's acts must have deprived someone of a right secured or protected by the Constitution or laws of the United States
  • The defendant's illegal acts must have been committed under color of law
  • The person deprived of their rights must have been an inhabitant of a state, territory, or district
  • The defendant must have acted willfully

Qualified Immunity

• Qualified immunity is an affirmative defense against §1983 claims, shielding public officials from undue interference with their duties and from potentially disabling threats of liability.
• The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.
• To raise a triable §1983 claim, the plaintiff must demonstrate that the rights allegedly transgressed were clearly established at the time of the alleged violation.

Stand Your Ground

• An officer was entitled to Stand Your Ground immunity, even though they were a law enforcement officer, since they reasonably believed using deadly force was necessary to prevent imminent death or great bodily harm to themselves or others.