Deprivation of Rights

What It Is

“Deprivation of rights” is one of the two essential elements of every § 1983 claim. The statute allows you to sue any person who, acting under color of law, subjects you to a deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States.

In plain language: something the government did to you must have actually violated a specific constitutional or federal right. Feeling mistreated isn’t enough — you have to identify which right was violated and how.

The Two Elements of § 1983

Every § 1983 claim requires:

1. The defendant acted under color of state law (they used government authority)
2. The defendant deprived you of a right secured by the Constitution or federal law

This entry focuses on element #2 — the deprivation itself.

Which Rights Count?

The most common constitutional rights at issue in § 1983 cases include:

• Fourth Amendment — Protection against unreasonable searches, seizures, excessive force, and false arrest
• First Amendment — Free speech, right to record police, freedom of religion, right to petition
• Fourteenth Amendment — Due process (both procedural and substantive) and equal protection
• Eighth Amendment — Protection against cruel and unusual punishment (for convicted prisoners)

You can also bring § 1983 claims for violations of certain federal statutes, not just constitutional provisions — though the statute must create individually enforceable rights.

You Need a Real Violation

Not every bad experience with the police or government amounts to a constitutional violation. Courts will dismiss claims where:

• No constitutional right applies — Rudeness, verbal abuse, or unprofessionalism, standing alone, typically don’t violate the Constitution
• The right wasn’t clearly established — Even if the conduct was wrong, qualified immunity may shield the officer if the legal standard wasn’t clear at the time
• The conduct was reasonable — Many constitutional standards (like the Fourth Amendment) balance government interests against individual rights. If the government’s conduct was reasonable, there’s no deprivation.

How to Plead It

In your complaint, be specific:

1. Identify the right — “Plaintiff’s Fourth Amendment right to be free from excessive force”
2. Describe the conduct — “Officer Doe struck plaintiff repeatedly with a baton while plaintiff was handcuffed and compliant”
3. Connect them — Explain how the conduct violated the specific right

Use the plausibility pleading standard — your facts must make the violation plausible, not just possible.

Key Cases

• Monroe v. Pape, 365 U.S. 167 (1961) — Established that § 1983 provides a federal remedy for constitutional violations by state actors
• Baker v. McCollan, 443 U.S. 137 (1979) — § 1983 is not a general tort statute; you must show an actual constitutional deprivation
• Daniels v. Williams, 474 U.S. 327 (1986) — Mere negligence does not constitute a “deprivation” under § 1983