- 12 September 2024
- Employment and Labor
42 U.S.C. § 1983
42 U.S.C. § 1983 is a federal law that allows individuals to bring claims against state and local officials for violations of their constitutional rights. Here are five key points to keep in mind when bringing a claim under this law:
- You must show that state or local official violated your constitutional rights.
- You must show that the official was acting “under color of law” when the violation occurred.
- You can seek damages, injunctive relief, and attorney’s fees if you are successful in your claim.
- There is no specific time limit for filing a claim, but courts will generally apply the statute of limitations for personal injury claims in the state where the violation occurred.
- You may also have a claim under state law, such as under the New Jersey Civil Rights Act.
If you believe you have a claim under 42 U.S.C. S, 1983, you should consult with an attorney to discuss your options and determine the best course of action.