Topics:
You can find additional materials on civil rights litigation by browsing the library shelves near the listed books or by searching the library catalog.
Title 42, Section 1983, of the United States Code is part of the Ku Klux Klan Act of 1871, one of several civil rights acts that were put into force after the Civil War. Section 1983 is a procedural vehicle by which one whose federal statutory or constitutional rights have been violated can bring an action against state "actors" who commit these violations "under color of law." The statute was rarely used until 1961, when the Supreme Court ruled that private litigants are to be permitted a federal court remedy as a first resort rather than having to first bring suit in state court Monroe v. Pape, 365 U.S. 167 (1961). Today, Section 1983 actions include suits over freedom of speech, search and seizure or use of excessive force, cruel and unusual punishment, and claims of due process violations.
This guide lists resources available in the Sacramento County Public Law Library on Section 1983 claims and, more generally, civil rights actions. Where indicated, these resources are also available on the library's electronic databases.
1. SELF HELP
Civil Rights Law and Practice KF 4749 .L49 (Self Help)
This Hornbook includes the principal Reconstruction Acts, related criminal provisions, Title VI of the 1964 Civil Rights Act, Civil Rights Attorney's Fees Act of 1976, 42 U.S.C. Section 1982, Title VIII of the 1968 Fair Housing Act, Title IX of the Education Amendments of 1972, and more.
Section 1983 Litigation in a Nutshell KF 1325 .C58 C65 (Self Help)
Authoritative commentary includes coverage of Monroe and the modern Section 1983 Action; Parratt and the scope of due process; excessive force, private violence, and Section 1983; and enforcing the laws under Section 1983. Also discusses municipal liability, state sovereign immunity, and personal immunities.
Prisoner's Rights Union: Self-Help Materials KFC 1181.5 .P75
Self help materials distributed by the Prisoners' Rights Union including pre-trial, post conviction, and jail-prison conditions.
2. LEGAL ENCYCLOPEDIAS
American Jurisprudence 2d (Am. Jur.)KF 154 .A42
Volume 15, Civil Rights
Electronic Access: On the law library computers, using Westlaw.
Corpus Juris Secundum (CJS)KF 154. C61
Volumes 14 and 14A, Civil Rights
3. PRACTICE GUIDES
Civil Rights and Civil Liberties Litigation: The Law of Section 1983
KF 1325 .C58 N34
Written for attorneys and judges, this comprehensive practice guide includes discussion of a Section 1983 cause of action, pre-trial matters, damages, possible remedies and defenses, and governmental liability. Useful features include checklists, forms, tables, and extensive footnotes.
Discovery and Proof in Police Misconduct Cases KF 1307 .R93
Contains a variety of Section 1983 forms, including sample pleadings, discovery forms, and sample deposition scripts. Appendices and index included.
Police Civil Liability, Vol. 1, Ch. 8 KF 1307 .S55
This work features a chapter devoted to section 1983 litigation, including forms and extensive citations to case law.
Police Misconduct and Civil Rights KF 1306 .C64
Volume 2, Chapter 10, contains a discussion of Section 1983 litigation.
Police Misconduct: Law and Litigation KF 1307 .A98
Offers a comprehensive discussion of Section1983 claims relating to police misconduct, plus litigation checklists, sample pleadings, discovery forms, and model closing arguments.
Section 1983 Litigation in State Courts KF 1325 .C58 S74
This is the only treatise focusing on filing Section1983 claims in state courts, providing coverage from claim initiation to post-trial motions. Also offers state and federal case law analysis, practice tips, and useful appendices. Chapter 24 addresses the removal of suit to federal court.
Electronic Access: On the law library computers, using Westlaw.
4. IN DEPTH RESEARCH
American Law Reports, Federal 2d KF 132 .A471
American Law Reports, Federal, is a set comprised of annotations focusing on very narrow aspects of law. The annotations provide an in-depth analysis of current statutory and case law on the subject, including extensive references to important decisions, law review articles, and other secondary sources on the subject. Look in the index to find annotations dealing with Section 1983 cases.
Civil Actions Against the United States, Its Agencies, Officers, and Employees
KF 1325 .U55 C58
A useful guide for attorneys filing claims against the U.S. government. Topics include sovereign immunity and strategies to circumvent it; and specific types of actions (e.g. a Bivens action).
Federal Judicial Center: Section 1983 Litigation
This work analyzes the fundamental issues that arise in litigation under Section 1983, and the case law interpreting those issues. Coverage includes remedies, procedural defenses, and an in-depth analysis of immunity.
Electronic Access Only: On the law library computers, using Westlaw.
State and Local Government Civil Rights Liability
This text examines the grounds on which state and local government entities and their officials may be subject to liability under major civil rights statutes. Chapters 1 and 1A specifically address claims arising under Section 1983.
Electronic Access Only: On the law library computers, using Westlaw.
Sword and Shield: A Practical Approach to § 1983 Litigation KF 1325 .C58 S96
Features in this single-volume guide include a discussion of approaches from both the plaintiff and the defendant; in-depth coverage of the issues involved in selecting a jurisdiction; and the fundamentals of drafting Section 1983 pleadings.
5. FORMS
American Jurisprudence Pleading and Practice Forms Annotated KF 8836 .A45
The only major set of general pleading and practice forms, several volumes within this work address a variety of Section 1983 forms. See the Table of Statutes to locate sections that contain forms relevant to 1983 actions.
Electronic Access: On the law library computers, using Westlaw.
Federal Forms KF 8836 .W47
This forms set provides procedural forms on Section 1983 proceedings covering various types of actions.
Federal Procedural Forms, Lawyers' Edition, KF 8717 .L37
Vol. 5, §§10:46, 10:94
This set features informed discussions on the Constitution, federal statutes, and administrative rules and regulations. It also provides step-by-step guidance in drafting forms for proceedings before federal courts and administrative agencies, including extensive procedural checklists, "how to" text, and practice aids.
Electronic Access: On the law library computers, using Westlaw.
Section 1983 Litigation: Forms KF 1325 .C58 W5
This user-friendly volume contains model language and sample forms for pleadings, motions, discovery, jury instructions, and miscellaneous forms.
6. DECISIONS
Rosenstock's Section 1983 Civil Rights Digest KF 1325 .C58 R688
Section 1983 cases decided in federal courts are published in the Federal Supplement, the Federal Reporter, United States Reports, and the Supreme CourtReporter, all in the Federal Case Law Room.
7. WEBSITES
Liability Under Section 1983 (Orange County Dept. of Education)
http://www.ocde.us/LegalServices/Documents/LIABILITY_UNDER_SECTION_1983_wcopyright.pdf
Police Misconduct and Civil Rights Law
http://tinyurl.com/y9rwckr
The History and Dynamics of Section 1983
http://tinyurl.com/yh93x5t
Typical Section 1983 Claims
http://tinyurl.com/ycobw97
United States Department of Justice, Civil Rights Division
http://www.usdoj.gov/crt/
United States District Court for the Northern District of California
http://www.cand.uscourts.gov/
This court's website provides numerous criminal and civil forms, including a pro se packet for Section 1983 civil rights claims and instructions on completing the complaint. Also available is an In Forma Pauperis Application.
8. COMMUNITY RESOURCES
American Civil Liberties Union (ACLU) of Northern California
39 Drumm Street
San Francisco, California 94111
Phone: 415-621-2493
http://www.aclunc.org/index.shtml
This organization works to preserve and guarantee the protections of the Constitution's Bill of Rights through litigation, education, lobbying, the formation of grassroots organizations, and dissemination of key information on constitutional freedoms.
Office of the Attorney General: Civil Rights Section
Attorney General's Office California Department of Justice
Attn: Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244-2550
(916) 322-3360 or (Toll-free in California) (800) 952-5225
http://ag.ca.gov/civil.php
The mission of the Civil Rights Enforcement Section is to work with the public, state, federal and local government agencies, and with civil rights and community groups to identify civil rights issues and vigorously prosecute those who have violated the law.
IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE MATERIALS LISTED, DON'T HESITATE TO ASK A REFERENCE LIBRARIAN.
12/2010 rmm