A § 1983 case in federal court follows a predictable path. Defendants know it. Their lawyers know it. Now you will too. Below is every stage of the process, who moves, and what's at stake. Click any step in the flowchart to jump to that section.
Dashed lines show interlocutory appeals — mid-case appeals that defendants use to delay your case. Learn how they're abused and what you can do.
Before you file anything, you need evidence. FOIA requests for body camera footage, arrest data, department policies, and statistical comparisons — get it all before the complaint, because agencies get less cooperative after you sue.
You move. Government agencies respond to records requests.
You file the complaint, pay the fee (or apply for IFP), and get summons issued. This is where your case begins — and where IFP screening can end it before defendants even know you sued.
You move. No opponent yet.
Formally deliver the lawsuit to each defendant. Miss the 90-day deadline or serve the wrong person and your case can be dismissed.
You move. Defendants receive.
Defendants attack your complaint before answering it. They'll argue you failed to state a plausible claim, the court lacks jurisdiction, or qualified immunity bars your suit. This is your first fight.
Defendant moves. You respond.
If your complaint survives Rule 12, defendants must respond to each allegation — admit, deny, or claim insufficient knowledge. Watch for affirmative defenses like qualified immunity and statute of limitations.
Defendant moves. You read carefully.
Both sides exchange evidence — documents, written questions, depositions. This is where you get the body camera footage, training records, and internal files. It's also where most pro se litigants get overwhelmed.
Both sides move. Discovery is mutual.
Defendants ask the court to end your case without a trial. They'll argue there's no genuine factual dispute — and qualified immunity comes back for round two. This is the second gate.
Usually defendant moves. You respond with evidence.
When a court denies qualified immunity, defendants can appeal immediately — freezing your case for 6-18 months. They can do this twice: once at Rule 12, once at summary judgment. It's the single most effective delay weapon in § 1983 litigation.
Defendant moves. You defend in the circuit court.
The court prepares for trial — conferences, motions in limine, exhibit and witness lists, jury instructions. Settlement pressure intensifies here. This is where cases end or get real.
Both sides move. Court manages.
You present your evidence to a judge or jury. You go first (burden of proof). Jury selection, opening statements, witness examination, closing arguments, verdict. Nothing like TV.
You present first. Defendant follows.
After the verdict: motions for new trial, relief from judgment, fee petitions. If you lose (or win and they appeal), the case goes to the circuit court. You have 30 days to file notice of appeal — miss it and it's over. This deadline cannot be waived.
Either side can move. 30-day appeal deadline is jurisdictional.
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