Civil Rights Law
Section 1983, Monell, qualified immunity, and the tools that hold officials accountable.
Civil Rights Law Definitions
Section 1983, Monell, qualified immunity, and the tools that hold officials accountable.
- 4 42 U.S.C. § 1983 Link
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The primary federal law that creates a cause of action for individuals whose constitutional rights have been violated by a person acting under "color of state law." Learn how § 1983 works in Michigan civil rights cases. Section 1983 is the vehicle for most federal civil rights lawsuits against police officers, municipalities, county jails, and state government employees. It does not itself create rights; instead, it provides a remedy for violations of rights established elsewhere in the Constitution and federal law. (42 U.S.C. § 1983)
- A ADA (Americans with Disabilities Act) Link
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Federal civil rights law (42 U.S.C. § 12101 et seq.) that prohibits discrimination against persons with disabilities in employment (Title I), public services (Title II), and public accommodations (Title III). Title II ADA claims against Michigan state and local government agencies are an important tool for people who have been denied services or access due to disability.
- B Bivens Claim Link
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A constitutional tort claim against a federal official (not a state official) for violating the plaintiff's federal constitutional rights. Named after Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). The Supreme Court has significantly narrowed the availability of Bivens claims in recent years.
See also - C Color of Law Link
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Acting with the power, authority, or apparent authority of a government official. To bring a § 1983 claim, the defendant must have acted "under color of state law." Police officers, prison guards, public school officials, and other government employees act under color of law when they perform their official duties - even when they abuse their authority.
See also - C Custom, Policy, or Practice (Monell) Link
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For a municipality to be liable under § 1983, the plaintiff must show that a constitutional violation resulted from an official government policy, a widespread custom (even if not formally written), or a practice so persistent that it constitutes de facto policy. A single act by a low-level employee is generally insufficient unless the employee was a final policymaker.
See also - D Deliberate Indifference Link
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A legal standard of culpability in civil rights cases in which a government official was subjectively aware of a substantial risk of serious harm and consciously disregarded it. Deliberate indifference is required to establish municipal liability under Monell for failure to train claims, and is also the standard in medical care denial claims by prisoners under the Eighth Amendment.
- D Due Process (Procedural) Link
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The constitutional guarantee (14th Amendment) that the government cannot deprive a person of life, liberty, or property without providing fair notice and a meaningful opportunity to be heard. Procedural due process claims arise when the government takes action against a person without following required procedures - such as firing a government employee without a hearing.
- D Due Process (Substantive) Link
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The constitutional guarantee that even with proper procedures, the government cannot take certain actions that are fundamentally unfair or arbitrary. Substantive due process protects certain fundamental rights - including bodily integrity, family relationships, and privacy - from government interference regardless of the procedures used.
- E Elliott-Larsen Civil Rights Act (ELCRA) Link
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Michigan's primary civil rights statute (MCL 37.2101 et seq.). MCL 37.2101 is the short title, while sections including MCL 37.2201 and MCL 37.2202 define and prohibit key employment discrimination practices. ELCRA covers discrimination based on protected characteristics in employment, housing, education, and public accommodation and allows claims to be filed in Michigan state court. Learn about Michigan civil rights claims.
- E Equal Protection Link
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The constitutional guarantee (14th Amendment) that the government must treat similarly situated individuals equally under the law. Equal protection claims arise when the government makes a classification based on race, sex, national origin, or another protected characteristic without sufficient justification.
- E Excessive Force Link
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The use by law enforcement of more physical force than is reasonably necessary under the circumstances to accomplish a legitimate law enforcement objective. Excessive force claims are brought under the Fourth Amendment's protection against unreasonable seizures. The standard is objective reasonableness from the perspective of a reasonable officer on the scene. Our attorneys have recovered a $4.91 million verdict in a Michigan police misconduct case.
See also - F Failure to Train Link
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A theory of municipal liability under Monell, holding a municipality responsible for a § 1983 violation when its failure to adequately train employees caused the violation, and the failure amounts to deliberate indifference to the constitutional rights of persons with whom those employees would come in contact. Establishing failure to train liability requires evidence of a pattern of similar violations or a showing that the need for training was so obvious that the failure to train constitutes deliberate indifference.
See also - F False Arrest Link
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The unlawful detention of a person without legal justification. In the context of law enforcement, a false arrest claim arises when a police officer arrests someone without probable cause. False arrest is a violation of the Fourth Amendment and grounds for a § 1983 lawsuit.
See also - F False Imprisonment Link
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The intentional confinement of a person within fixed boundaries without legal justification and without their consent. False imprisonment can be a standalone state tort claim as well as the basis for a § 1983 constitutional violation.
- F First Amendment Retaliation Link
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A § 1983 claim arising when a government official retaliates against a person for exercising their First Amendment rights - such as free speech, peaceful assembly, or the right to petition the government. For example, a police officer who arrests a person for filming an arrest in a public place, or a government employer who fires an employee for protected speech, may be liable for First Amendment retaliation.
- F Fourth Amendment Link
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The constitutional amendment protecting against unreasonable searches and seizures by the government. Most police misconduct claims - excessive force, false arrest, unlawful search - are brought under the Fourth Amendment. The Fourth Amendment's "reasonableness" standard governs the entire interaction between police and citizen from initial stop through arrest and use of force.
- G Graham v. Connor Link
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The landmark 1989 U.S. Supreme Court decision (490 U.S. 386) establishing that all excessive force claims against law enforcement are analyzed under the Fourth Amendment's "objective reasonableness" standard, not under substantive due process. The relevant factors include the severity of the crime, whether the suspect posed an immediate threat, and whether the suspect was resisting or attempting to flee.
See also - M Malicious Prosecution Link
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A civil claim arising from the initiation of a criminal proceeding against a person without probable cause, for an improper purpose, with the proceeding ultimately terminated in favor of the accused. A § 1983 malicious prosecution claim requires the same elements, plus proof of a constitutional violation (typically a Fourth Amendment violation through post-arraignment deprivation of liberty).
- M Michigan Persons With Disabilities Civil Rights Act (PWDCRA) Link
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Michigan civil rights statute (MCL 37.1101 et seq.) prohibiting discrimination against persons with disabilities in employment, housing, public service, and public accommodation. The PWDCRA provides state-level remedies in addition to federal ADA protections.
- M Monell Claim Link
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A civil rights claim against a municipality or local government entity under Monell v. Department of Social Services, 436 U.S. 658 (1978). Read our breakdown of § 1983 vs. Monell claims in Michigan. Unlike individual government employees, municipalities cannot be held vicariously liable under § 1983; instead, the plaintiff must prove that the constitutional violation resulted from an official policy, widespread custom, or deliberate failure to train. Successfully establishing Monell liability is challenging and requires sophisticated legal strategy.
- P Probable Cause Link
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The legal standard required for a law enforcement officer to make an arrest, conduct a search, or obtain a warrant. Probable cause exists when the facts and circumstances would lead a reasonable person to believe that a crime has been committed and that the person to be arrested committed it, or that evidence of a crime will be found in the place to be searched. An arrest without probable cause violates the Fourth Amendment.
See also - Q Qualified Immunity Link
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A legal doctrine that shields government officials, including police officers, from personal liability in § 1983 lawsuits unless they violated a "clearly established" constitutional right that a reasonable official would have known. Qualified immunity is one of the most significant barriers to accountability in civil rights cases. To overcome it, the plaintiff must show that prior case law placed the unlawfulness of the officer's conduct "beyond debate." Qualified immunity has been widely criticized for making it nearly impossible to hold officers accountable for even egregious constitutional violations. See how our attorneys navigate qualified immunity in Michigan civil rights cases.
See also - S Section 504 (Rehabilitation Act) Link
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Federal statute (29 U.S.C. § 794) prohibiting discrimination against qualified individuals with disabilities by any program or activity receiving federal financial assistance. Section 504 applies to public schools, public hospitals, and any other federally funded entity.
- T Title IX Link
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Federal law (20 U.S.C. § 1681) prohibiting sex-based discrimination in any educational program or activity receiving federal financial assistance. Title IX is commonly invoked in school sexual assault and harassment cases, as well as gender equity claims involving student athletes.
- T Title VII Link
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Federal law (42 U.S.C. § 2000e et seq.) prohibiting employment discrimination based on race, color, religion, sex, or national origin. Title VII applies to employers with 15 or more employees. Michigan's Elliott-Larsen Civil Rights Act provides parallel state-law protections with some additional protected categories.
See also - W Wrongful Termination Link
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Termination of employment that violates state or federal law - including civil rights statutes, public policy, or an employment contract. In Michigan, which is an at-will employment state, employers can generally fire employees for any reason or no reason, but cannot fire employees for discriminatory reasons or in retaliation for protected activity.
This glossary is provided for general informational purposes only and does not constitute legal advice. Reading this glossary does not create an attorney-client relationship. Laws change and Michigan statutes may be amended after the date this glossary was last updated. Always consult a licensed Michigan attorney for legal advice specific to your situation.