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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Section 1983 Civil Rights Claims

United States (federal and general)Last reviewed 18 September 2026

Section 1983 lets you sue a person who, acting under color of state law, deprived you of rights protected by the Constitution or federal law. If you win, section 1988 allows the court, in its discretion, to award you reasonable attorney's fees, which is why many civil rights attorneys take these cases on a fee-shifting or contingency basis.

What Section 1983 Covers

Direct Answer: Section 1983 creates a civil claim against anyone who, under color of state law, subjects a person to the deprivation of rights secured by the Constitution and laws of the United States.

Typical claims involve excessive force, unlawful searches or arrests, and violations of rights in custody or by public employers. The defendant must be acting under state authority, so claims against purely private parties usually need a different legal basis.

Attorney Fees

Under 42 U.S.C. § 1988(b), in actions to enforce section 1983 and related civil rights laws, the court may, in its discretion, allow the prevailing party a reasonable attorney's fee as part of the costs. That possibility helps claimants find representation, though a fee award is never assured and depends on winning.

Deadlines and Defences

Section 1983 has no deadline of its own, and courts generally apply a state's limitation period, so check the rule for the state where the events happened, which is usually the period for personal injury claims. Officials and government bodies also have defences that can end a case early, so these claims often need specialist advice, and claims against government bodies may involve short notice requirements under state law.

Frequently Asked Questions

What is a Section 1983 claim?

A civil rights lawsuit against a person acting under color of state law who deprived you of a federal constitutional or statutory right.

Who can be sued?

State and local officials and others acting under state authority, such as police officers, subject to defences that can apply.

Can I recover attorney fees?

Under § 1988, a court may award a prevailing party reasonable attorney's fees, at its discretion.

How long do I have to sue?

It depends on the state, because courts generally borrow the state's limitation period. Check it early.

Does it apply to federal officers?

Section 1983 covers state and local action. Claims against federal officials follow different rules, so take advice.

Can I get a civil rights lawyer without paying upfront?

Often, yes. Many attorneys handling these cases work on contingency or fee-shifting arrangements, so you pay no hourly fees upfront, but the terms and the treatment of case costs are set out in a written agreement. Read it before you sign and ask how costs are handled.

You May Also Be Interested In

Civil Rights

Constitutional and civil rights claims

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Employment Law

Workplace claims

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Statute of Limitations

Filing deadlines by state

Read more

How Contingency Fees Work

From free consultation to settlement

Read more

What If I Lose?

What happens if a claim fails

Read more

Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. 42 U.S.C. § 1983 — Civil action for deprivation of rights

    Creates a civil claim against a person who, acting under color of state law, deprives someone of rights secured by the Constitution and federal law.

  4. 42 U.S.C. § 1988 — Attorney's fees in civil rights actions

    In actions to enforce section 1983 and related civil rights provisions the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

Reading the rules is the first step. Most claims have strict deadlines, and evidence is easier to gather the sooner you act. Tell Cross & York what happened and get a free, no-obligation review of your situation.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.