Texas-Book-Gun Law Armed And Educated - Flipbook - Page 43
D. Section 1983 Claim
When a person’s civil rights, including their rights against illegal
searches are violated by a police officer, a person may file a civil
lawsuit under Title 42, Section 1983, of the United States Code,
which is commonly referred to as a “Section 1983 Claim.” The
United States Supreme Court has ruled that a police officer and
his or her department may be liable for monetary damages if a
person’s civil rights are violated. Monell v. New York City Dept.
of Social Services, 436 U.S. 658 (1978). However, there is a huge
exception to this rule. If the court finds a reasonable police officer
could have believed a search, seizure, or other action was lawful, a
police officer will be cloaked with qualified immunity that legally
excuses the officer from civil liability. This means a person whose
rights have been violated will have to show that a police officer
knew his or her conduct was objectively unreasonable under a
clearly established rule of law. Anderson v. Creighton, 483 U.S.
635 (1987). This is a very high burden and will make a Section
1983 Claim an uphill battle for any aggrieved person. To bring a
successful Section 1983 Claim, a person must show:
1) a person acting under the color of law (for example, a police
officer acting within the scope of their employment as a police
officer);
2) deprived the individual of their rights guaranteed by the U.S.
Constitution or laws of the United States; and
3) is not protected by qualified immunity.
Now that we have laid a groundwork for the basic legal concepts
underlying Fourth Amendment law, the following chapters will
discuss the practical applications.
32 | CHAPTER TWO
