Title 42 — The Public Health and Welfare
Chapter 21 — Civil Rights
§ 1983. Civil action for deprivation of rights
Statutory text
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.
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.
R.S. § 1979
Enacted · 42 U.S.C. § 1983
R.S. § 1979
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code source credit
R.S. § 1979Pub. L. 96–170 § 1 · 93 Stat. 1284
Inserted · 42 U.S.C. § 1983
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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(1) by inserting “or the District of Columbia” after “any State or Territory”; andEffective date note
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.Pub. L. 104–317 title III § 309(c) · 110 Stat. 3847
Inserted · 42 U.S.C. § 1983
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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(c) Civil Action for Deprivation of Rights.— Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended by inserting before the period at the end of the 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”.
2 of 3 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
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.
Amendments1979–1996 · 2 rounds
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.
Statutory Notes and Related Subsidiaries
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 , see section 3 of Pub. L. 96–170, set out as a note under section 1343 of Title 28, Judiciary and Judicial Procedure.
Credits
1979–1996 · 3 acts
- R.S. § 1979
- 1979Pub. L. 96–170, § 1, , 93 Stat. 1284
- 1996Pub. L. 104–317, title III, § 309(c), , 110 Stat. 3853.
Show as published
(R.S. § 1979; Pub. L. 96–170, § 1, , 93 Stat. 1284; Pub. L. 104–317, title III, § 309(c), , 110 Stat. 3853.)