Title 28 — Judiciary and Judicial Procedure
Part IV · Chapter 85 — District Courts; Jurisdiction
§ 1343. Civil rights and elective franchise
Statutory text
The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person:
To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42;
To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title 42 which he had knowledge were about to occur and power to prevent;
To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States;
To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote.
For purposes of this section—
the District of Columbia shall be considered to be a State; and
any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 1343
June 25, 1948, ch. 646, 62 Stat. 932
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 932Pub. L. 85–315 ptIII § 121 · 71 Stat. 634
Inserted · 28 U.S.C. § 1343
Pub. L. 85–315 inserted “and elective franchise” in section catchline
Added · 28 U.S.C. § 1343
Pub. L. 85–315 added par. (4)
Source evidence
Code amendment note
Pub. L. 85–315 inserted “and elective franchise” in section catchline and added par. (4).Enacted provision · exact public law section
Sec. 121. Section 1343 of title 28, United States Code, is amended 62 Stat. 932. as follows: (a) Amend the catch line of said section to read, “§ 1343. Civil rights and elective franchise” (b) Delete the period at the end of paragraph (3) and insert in lieu thereof a semicolon. (c) Add a paragraph as follows: “(4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote.”Pub. L. 96–170 § 2 · 93 Stat. 1284
Amended · 28 U.S.C. § 1343
Pub. L. 96–170 designated existing provisions as subsec. (a)
Added · 28 U.S.C. § 1343
Pub. L. 96–170 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 96–170 designated existing provisions as subsec. (a) and added subsec. (b).Enacted provision · exact public law section
Sec. 2. Section 1343 of title 28, United States Code, is amended— (1) by inserting “(a)” before “The district courts”; and (2) by adding at the end thereof the following new subsection: “(b) For purposes of this section— “(1) the District of Columbia shall be considered to be a State; and “(2) any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.”.Effective date note
Pub. L. 96–170, § 3, Dec. 29, 1979, 93 Stat. 1284, provided that: “The amendments made by this Act [amending this section and section 1983 of Title 42, The Public Health and Welfare] shall apply with respect to any deprivation of rights, privileges, or immunities secured by the Constitution and laws occurring after the date of the enactment of this Act [Dec. 29, 1979].”
4 of 5 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 41(12), (13), and (14) (Mar. 3, 1911, ch. 231, § 24, pars. 12, 13, 14, 36 Stat. 1092).
Words “civil action” were substituted for “suits,” “suits at law or in equity” in view of Rule 2 of the Federal Rules of Civil Procedure.
Numerous changes were made in arrangement and phraseology.
Editorial Notes
Amendments1954–1979 · 3 rounds
1979
Pub. L. 96–170 designated existing provisions as subsec. (a) and added subsec. (b).
1957
Pub. L. 85–315 inserted “and elective franchise” in section catchline and added par. (4).
1954
Act , substituted “section 1985 of Title 42” for “section 47 of Title 8” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Pub. L. 96–170, § 3, , 93 Stat. 1284, provided that: “The amendments made by this Act [amending this section and section 1983 of Title 42, The Public Health and Welfare] shall apply with respect to any deprivation of rights, privileges, or immunities secured by the Constitution and laws occurring after the date of the enactment of this Act [].”
Credits
1948–1979 · 4 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 932
- 1954Sept. 3, 1954, ch. 1263, § 42, 68 Stat. 1241
- 1957Pub. L. 85–315, part III, § 121, , 71 Stat. 637
- 1979Pub. L. 96–170, § 2, , 93 Stat. 1284.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 932; Sept. 3, 1954, ch. 1263, § 42, 68 Stat. 1241; Pub. L. 85–315, part III, § 121, , 71 Stat. 637; Pub. L. 96–170, § 2, , 93 Stat. 1284.)