42 U.S.C. § 1983
Section 1983 · Civil action for deprivation of rights
This is the Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)
Amended 2 times on record
The circuits are split over this section — Whether a state prisoner's challenge to an interstate detainer must be pursued through a federal habeas corpus petition rather than under 42 U.S.C. § 1983; Whether the rights created by the Individuals with Disabilities Education Act (IDEA) are enforceable through a private action under 42 U.S.C. § 1983; Whether Congress intended rights under the Individuals with Disabilities Education Act (IDEA) to be enforceable through 42 U.S.C. § 1983 and 4 more
Applied in 115,839 court decisions — leading case Celotex Corporation v. Catrett H (1986)
Most recently applied in 2026 IL App (1st) 242516 - Smith v. City of Chicago (March 2026)
Applied most in the Fourth Circuit Circuit (7,245 decisions)
Cases citing this section usually also cite 28 U.S.C. § 1291 · 28 U.S.C. § 1915 · 42 U.S.C. § 1988
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Codification
R.S. §1979 derived from act Apr. 20, 1871, ch. 22, §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.