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CITE

    42 USC Sec. 1983                                            01/08/2008

EXPCITE

    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER I - GENERALLY

HEAD

    Sec. 1983. Civil action for deprivation of rights

STATUTE

      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, except that in any action brought
    against a judicial officer for an act or omission taken in such
    officer's judicial capacity, injunctive relief shall not be granted
    unless a declaratory decree was violated or declaratory relief was
    unavailable. For the purposes of this section, any Act of Congress
    applicable exclusively to the District of Columbia shall be
    considered to be a statute of the District of Columbia.

SOURCE

    (R.S. Sec. 1979; Pub. L. 96-170, Sec. 1, Dec. 29, 1979, 93 Stat.
    1284; Pub. L. 104-317, title III, Sec. 309(c), Oct. 19, 1996, 110
    Stat. 3853.)

CODIFICATION

      R.S. Sec. 1979 derived from act Apr. 20, 1871, ch. 22, Sec. 1, 17
    Stat. 13.
      Section was formerly classified to section 43 of Title 8, Aliens
    and Nationality.

AMENDMENTS

      1996 - Pub. L. 104-317 inserted before period at end of first
    sentence ", except that in any action brought against a judicial
    officer for an act or omission taken in such officer's judicial
    capacity, injunctive relief shall not be granted unless a
    declaratory decree was violated or declaratory relief was
    unavailable".
      1979 - Pub. L. 96-170 inserted "or the District of Columbia"
    after "Territory", and provisions relating to Acts of Congress
    applicable solely to the District of Columbia.
                     EFFECTIVE DATE OF 1979 AMENDMENT
      Amendment by Pub. L. 96-170 applicable with respect to any
    deprivation of rights, privileges, or immunities secured by the
    Constitution and laws occurring after Dec. 29, 1979, see section 3
    of Pub. L. 96-170, set out as a note under section 1343 of Title
    28, Judiciary and Judicial Procedure.