Civil Rights — Law Library

Federal and constitutional law protecting individuals from government misconduct, discrimination, and deprivation of rights under color of law.

Statutes & Rules

Civil Rights Act — Section 1983 (42 U.S.C. § 1983)
Creates a private right of action against anyone who, under color of state law, deprives a person of rights secured by the Constitution or federal law.
Conspiracy to Interfere with Civil Rights (42 U.S.C. § 1985)
Prohibits conspiracies to deprive individuals of equal protection of the laws.
Deprivation of Rights Under Color of Law (18 U.S.C. § 242)
Criminal statute making it a federal crime for government officials to willfully deprive any person of constitutional rights.
Equal Rights Under the Law (42 U.S.C. § 1981)
Guarantees all persons the same right to make and enforce contracts, sue, and enjoy full and equal benefit of all laws.

Landmark Cases

  • Monroe v. Pape, 365 U.S. 167 (1961) — Section 1983 applies to individual officers acting under color of state law even when their conduct violates state law.
  • Monell v. Dept. of Social Services, 436 U.S. 658 (1978) — Local governments can be sued under § 1983 for constitutional violations resulting from official policies or customs.
  • Harlow v. Fitzgerald, 457 U.S. 800 (1982) — Establishes qualified immunity: officials are shielded from liability unless they violated clearly established law.
  • Tennessee v. Garner, 471 U.S. 1 (1985) — Deadly force to apprehend a fleeing felon is an unreasonable seizure under the Fourth Amendment unless the suspect poses a significant threat.

Key Terms

Color of Law
Action taken by someone with the apparent authority of government, even if the action is unlawful.
Qualified Immunity
A doctrine protecting government officials from liability unless they violated clearly established statutory or constitutional rights.
Deliberate Indifference
A standard requiring proof that officials were aware of a substantial risk of harm and disregarded it.
Custom or Policy
Under Monell, a municipality is liable only if a constitutional violation results from an official custom or policy.
Sovereign Immunity
The doctrine that government entities cannot be sued without their consent.