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The fee for filing a § 1983 action is $402 ($350 filing fee plus $52 administrative fee), to be paid at the time of filing. If you are unable to pay the full fee when you file your complaint, you may petition the court to proceed in forma pauperis, using the forms provided by the clerk.
Civil rights are rights that citizens have to ensure political and social freedom and equality. An individual citizen can sue a government employee for violating their civil rights under 42 U.S.C. § 1983, also known as the Civil Rights Act of 1871, a federal law. A 1983 lawsuit is a nickname for a civil rights lawsuit.
What are the elements of a section 1983 claim? a person subjected the plaintiff to conduct that occurred under color of state law, and. this conduct deprived the plaintiff of rights, privileges, or immunities guaranteed under the U.S. Constitution or federal law.
To state a Section 1983 claim, the plaintiff is required to allege that (1) the conduct complained of was committed by a person acting under the color of state law; and (2) the conduct deprived the plaintiff of a constitutional right.
Whether you deliver or mail your complaint to the court, you must submit (i) an original of the complaint, (ii) a completed cover sheet, a copy of which can be obtained from the clerk's office, and (iii) the $402 filing fee. filing fee and any costs to have the complaint served in installments.