Civil Rights: 1983 Action

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Questions and Answers

Under which title and section of the United States Code can a civil action for deprivation of rights be brought?

Title 40, Section 1982

Title 45, Section 1984

Title 42, Section 1983 (correct)

Title 18, Section 1981

Who can be sued for money damages in a 1983 action?

Both the officer and the department (correct)

Neither the officer nor the department

Only the police department

Only police officers

What is one of the indispensable elements required to bring an action under Section 1983?

The action was performed by a private citizen

The action was performed with intent to cause harm

The action was performed under color of state law (correct)

The action was performed by a federal official

What is not a factor in determining liability of police officers under Section 1983?

Whether the actions were legal under state law Signup and view all the answers

What type of proceeding can be brought under Section 1983?

Either an action at law, suit in equity, or other proper proceeding Signup and view all the answers

According to the U.S. Supreme Court, can an officer be sued for money damages for an unlawful arrest?

Yes, as established in cases such as Malley v. Briggs Signup and view all the answers

What is not required to establish a civil rights action under Section 1983?

The officer had intent to cause harm Signup and view all the answers

Under which circuit court case is an action for deprivation of civil rights established under Section 1983 for false arrest and imprisonment?

Ortega v. Christian Signup and view all the answers

If a police officer arrests someone with probable cause, but the charge is later dismissed due to the person's innocence, can the police officer still be held liable under this statute?

No, the police officer cannot be held liable. Signup and view all the answers

What is the primary difference between Title 42, Chapter 21, Subchapter I, §1983 and Title 42 US Code §1985(3)?

Section 1983 deals with false arrest, while Section 1985(3) deals with conspiracy to interfere with civil rights. Signup and view all the answers

What is required for a plaintiff to make out a valid cause of action under Title 42 US Code §1985(3)?

A conspiracy, an intent to deprive someone of equal protection of the laws, an act in furtherance of the conspiracy, and injury to the person or property of the plaintiff. Signup and view all the answers

What is the maximum criminal penalty under 18 USC 241?

A fine of up to $10,000 or imprisonment for up to 10 years. Signup and view all the answers

What type of case would involve a failure to advise grounds for arrest and detention?

Deprivation of civil rights under Title 42, Chapter 21, Subchapter I, §1983. Signup and view all the answers

Can aliens bring an action for damages under Title 42 US Code §1985(3)?

Yes, aliens are entitled to equal protection of the laws and may bring an action for damages. Signup and view all the answers

What is the primary difference between a conspiracy to interfere with civil rights under Title 42 US Code §1985(3) and conspiracy against rights under 18 USC 241?

Section 1985(3) deals with equal protection of the laws, while Section 241 deals with any right or privilege secured by the Constitution. Signup and view all the answers

What must a police officer have to be protected from liability under this statute?

Probable cause and a facially valid bench warrant. Signup and view all the answers

What type of case would involve verbal abuse during arrest or detention?

Deprivation of civil rights under Title 42, Chapter 21, Subchapter I, §1983. Signup and view all the answers

What is the purpose of Title 42, Chapter 21, Subchapter I, §1983?

To allow individuals to bring civil actions against law enforcement officers for depriving them of their civil rights. Signup and view all the answers

What is required for a plaintiff to bring a claim under the statute?

The plaintiff must be a citizen and two or more persons acted together to deny that citizen's rights. Signup and view all the answers

What is the consequence of willfully depriving an inhabitant of any right protected by the Constitution or the Laws of the United States?

The defendant will be fined not more than $1,000 or imprisoned not more than one year. Signup and view all the answers

What is the purpose of qualified immunity?

To shield public officials from undue interference with their duties and from potentially disabling threats of liability. Signup and view all the answers

What is required for an act to be considered 'under color of law'?

The accused must be a willful participant in a joint activity with the state or its agents. Signup and view all the answers

What is the effect of qualified immunity on public officials?

It provides immunity from suit and liability. Signup and view all the answers

What is the requirement for a plaintiff to bring a claim under 18 USC 242?

The plaintiff must be a citizen of the United States. Signup and view all the answers

What is the purpose of the doctrine of qualified immunity?

To shield public officials from undue interference with their duties and from potentially disabling threats of liability. Signup and view all the answers

What is the consequence of depriving an inhabitant of any right protected by the Constitution or the Laws of the United States if death results?

The defendant will be subject to imprisonment for any term of years or for life. Signup and view all the answers

What is the requirement for a defendant to be held criminally liable under 18 USC 242?

The defendant must 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. Signup and view all the answers

What is the effect of qualified immunity on civil liability?

It provides immunity from liability for public officials so long as their conduct does not violate clearly established statutory or constitutional rights. Signup and view all the answers

What is the main purpose of the qualified immunity doctrine?

To protect officers from damage claims for actions taken in good faith Signup and view all the answers

What must a plaintiff demonstrate to raise a triable §1983 claim?

That the rights allegedly transgressed were clearly established at the time of the alleged violation Signup and view all the answers

What is a requirement for an officer to be shielded from a damage claim?

The officer must have objectively, reasonably, and in good faith performed their duties Signup and view all the answers

What is an example of when an officer may be entitled to Stand Your Ground immunity?

When the officer reasonably believes using deadly force is necessary to prevent imminent death or great bodily harm Signup and view all the answers

What is a key factor in determining whether an officer's actions fall outside the scope of the qualified immunity doctrine?

Whether a reasonable officer in the same position would have known their actions were offending a well-settled constitutional or statutory right Signup and view all the answers

What is the purpose of the Mullenix v. Luna (2015) case?

To determine the scope of the qualified immunity doctrine Signup and view all the answers

What is the effect of the qualified immunity doctrine on officers who act in good faith?

They are shielded from damage claims Signup and view all the answers

What is a key aspect of the Anderson v. Creighton (1987) case?

It shielded officers from damage claims for actions taken in good faith Signup and view all the answers

Study Notes

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.

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Description

This quiz covers civil actions for deprivation of rights, specifically under Title 42, Chapter 21, Subchapter I, Section 1983 of the United States Code. Legal Guidelines # 23 and # 24