Federal Question Jurisdiction

What It Is

Federal question jurisdiction (28 U.S.C. § 1331) gives federal district courts original jurisdiction over civil actions “arising under the Constitution, laws, or treaties of the United States.” Since § 1983 is a federal statute, your case qualifies automatically.

Filing in Federal vs. State Court

You have a choice:

• Federal court: § 1983 cases are federal questions, so federal courts have jurisdiction
• State court: § 1983 claims can also be filed in state court. Haywood v. Drown, 556 U.S. 729 (2009) — States can’t close their courts to § 1983 claims.

Most § 1983 plaintiffs choose federal court because:

• Federal judges have more experience with constitutional law
• Federal discovery rules are uniform
• Federal courts are perceived as less susceptible to local political pressure
• The Magistrate Judge system provides initial case management

If you file in state court, the defendant can remove the case to federal court under 28 U.S.C. § 1441, since it raises a federal question.

Supplemental Jurisdiction

If you have state law claims related to the same incident (state tort claims, state constitutional violations), you can bring them in federal court under supplemental jurisdiction (28 U.S.C. § 1367). The federal and state claims must arise from the same “case or controversy.”

But beware: if the court dismisses all your federal claims, it can (and often does) decline supplemental jurisdiction over the remaining state claims, sending them back to state court.

Key Cases

• Haywood v. Drown, 556 U.S. 729 (2009) — States can’t refuse to hear § 1983 claims
• Merrell Dow Pharmaceuticals v. Thompson, 478 U.S. 804 (1986) — Federal question jurisdiction analysis