The statute provides a remedy rather than substantive rights, requiring a deprivation of a federally protected right by a person acting under color of state law. Municipalities are liable only through policy or custom.
Attorney fees are available to prevailing plaintiffs.
Alternative Names:
1983 Claim|Civil Rights Claim
Why it Matters?
Fee shifting under Section 1988 drives case economics, since a modest damages award supports a fee petition that can exceed it many times over, which makes early resolution assessment different than in ordinary tort litigation. Qualified immunity resolves most individual capacity claims before trial. Identifying whether the claim is against individuals, the entity, or both determines which defenses apply and in what sequence.
Frequently Confused with
Related terms
Frequently asked questions
Why does fee shifting drive economics?
Does the statute create rights?
