'''42 U.S.C. § 1983''', popularly known as "Section 1983," is a [[federal]] [[law]] that allows [[lawsuit]]s for violations of [[constitutional]] rights.
Section 1983 establishes a cause of action for any person who has been deprived of rights secured by the Constitution or laws of the United States by a person acting under color of state law. A [[plaintiff]] must prove that (1) the conduct was committed by a person acting under color of state law and (2) that as a result of this conduct plaintiff was deprived of rights, privileges or immunities secured by the Constitution or the laws of the United States.
In ''Monell v. Department of Social Services'', the [[U.S. Supreme Court]] held that municipalities and local governments can be sued if the action was attributable to an official policy. They do not enjoy absolute immunity. But the defendant municipal officials must have had "final policymaking authority" to bind the municipality.
The Eleventh Amendment prohibits Section 1983 claims against states and therefore state officials .
== Statutory Language ==
A cause of action under Section 1983 requires four elements:
<br><br> 1. conduct by a "person" <br><br> 2. who acted under "color of law" <br><br> 3. and proximately caused <br><br> 4. a deprivation of federally protected rights.
== Defenses ==
* ''Committee of United States Citizens v. Reagan'', 859 F.2d 929, 944 (D.C. Cir. 1988) ("Because the fact of a state law violation does not resolve whether a plaintiff has been deprived of due process, the manner in which the violation occurs as well as its consequences are crucial factors to be considered.")
law]][[ category:United States Supreme Court Cases]][[ category:Section 1983]]