In the realm of civil rights law, one statute stands out as a powerful tool for seeking justice: Section 1983 of the U.S. Code. For incarcerated individuals, 42 U.S.C. §1983 serves as a beacon of hope, offering a means to challenge violations of their constitutional rights within the confines of the criminal justice system. In this blog post, we’ll study the power of Section 1983 as it relates to those incarcerated.

What is Section 1983?

Enacted as part of the Civil Rights Act of 1871, 42 U.S.C. §1983, commonly referred to as Section 1983, is a federal statute that provides individuals with a mechanism to seek redress for violations of their constitutional rights by state or local government officials, including those working within the prison system. It states:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

Application to Inmates

For those behind bars, Section 1983 serves as a vital legal avenue to address various civil rights violations they may encounter during their incarceration. These violations can include:

  1. Use of Excessive Force: Incarcerated individuals may face physical abuse or excessive force at the hands of correctional officers, violating their Eighth Amendment right against cruel and unusual punishment. Section 1983 can be used to hold such abusers accountable.
  2. Denial of Medical Care: Deliberate indifference to an inmate’s serious medical needs constitutes a violation of the Eighth Amendment, and Section 1983 can be used to challenge such denials of medical care.
  3. Inhumane Conditions of Confinement: Overcrowding and unsanitary living conditions, lack of access to basic necessities like food, water and sanitation, and exposure to environmental hazards can all constitute violations of an inmate’s Eighth Amendment rights. Section 1983 can be used to rectify such deficiencies.
  4. Retaliation: Prison officials may retaliate against inmates for exercising their First Amendment rights, such as filing grievances, or speaking out against injustices. Section 1983 provides a means to challenge such retaliation.
section 1983
Photo by Pavel Danilyuk on Pexels.com

Prerequisites For Filing a Section 1983 Lawsuit

Before an incarcerated individual can file a lawsuit under Section 1983, certain prerequisites must be met:

  1. Exhaustion of Administrative Remedies: In most cases, inmates are required to exhaust all available administrative remedies within the prison system before bringing a claim to court. This typically involves filing grievances and appeals through the prison’s internal complaint process.
  2. Statute of Limitations: The statute of limitations for filing a Section 1983 lawsuit varies by state but it is generally around two to three years from the date of the alleged constitutional violation.
  3. Legal Representation: While not a strict requirement, having legal representation can significantly increase the likelihood of success in a Section 1983 lawsuit. Legal aide organizations or pro bono attorneys may provide assistance to indigent inmates.

Relief Available in Lawsuits

Incarcerated individuals who prevail in a Section 1983 lawsuit may be entitled to various forms of relief, including:

  1. Nominal Damages: A monetary award, typically one-dollar or less, which is awarded to the plaintiff after establishing the defendant violated the plaintiff’s constitutional rights.
  2. Compensatory Damages: Monetary compensation for the harm suffered as a result of the constitutional violation, such as medical expenses, pain and suffering, and lost wages.
  3. Punitive Damages: Additional monetary awards intended to punish the defendant for their unconstitutional conduct and deter similar behavior in the future.
  4. Injunctive Relief: Court orders requiring the correctional facility to cease the unconstitutional conduct or improve conditions of confinement to prevent future violations.
  5. Attorney’s Fees and Costs: In some cases, successful plaintiffs may also be awarded attorney’s fees and litigation costs.

My Final Thoughts

Section 1983 stands as a powerful tool for incarcerated individuals seeking to vindicate their constitutional rights and hold government officials accountable for civil rights violations within the prison system. By understanding the application, navigating the prerequisites for filing a lawsuit, and knowing the relief available, incarcerated individuals can assert their rights and strive for justice even behind bars.

If you have a friend or loved one currently incarcerated that’s pursuing, or wanting to file, a civil rights lawsuit addressing any condition of confinement claim, consider purchasing our book, The Colossal Book of Civil Citations. This one book contains all the information necessary to successfully litigate a 42 U.S.C. §1983 lawsuit. Order your copy today, or on behalf of someone incarcerated. Our books are softcover, institution friendly, and frequently advertised in Prison Legal News magazine.