Think a government official violated your rights? A Section 1983 claim depends on who acted under state law, which capacity you sue them in, and which immunity they can raise
I am Mitchell Bisson, a Grand Rapids civil rights lawyer. I have litigated for over 15 years. Big-Firm Power. Street-Level Grit. The pleading in a Section 1983 case should say clearly which capacity is claimed, because that choice shapes the defenses and the remedies that remain.
Section 1983 reaches persons acting under color of state law. An individual-capacity claim seeks to make the officer personally liable, and a state official sued that way is a person under Section 1983. An official-capacity claim is really a claim against the government entity, and a state official sued for damages in an official capacity is not a person under the statute. Qualified immunity is a defense only to the personal claim.
Immunity follows the function performed, not the job title. A judge is immune for judicial acts unless acting in the clear absence of all jurisdiction. A prosecutor is absolutely immune for initiating a prosecution and presenting the State’s case, but only qualified immunity covers investigative acts such as fabricating evidence before probable cause exists. Witnesses are immune for grand jury and trial testimony, so a claim over what happened in a criminal case usually cannot get money damages from those people.
Punitive damages can be sought against an individual officer, but not against a city or county, and nominal damages remain available if you cannot prove an actual loss. Section 1983 generally does not reach a federal agent such as an ICE, FBI or DEA officer. A damages claim against a federal officer depends on the narrow Bivens remedy, and a claim against the United States under the Federal Tort Claims Act requires a written administrative claim first, filed within two years.
A Section 1983 case can be filed in Michigan state court, and a defendant can remove a case containing a federal claim to the federal district court. The notice of removal is due within 30 days after service, so I plan for either forum.
Common questions about Michigan Section 1983 claims
Can I get punitive damages in a Section 1983 case, and what if I cannot prove a dollar loss?
Punitive damages can be sought against an individual officer, but not against a city or county. A jury may award them when the officer acted with evil motive or intent, or with reckless or callous indifference to federally protected rights. If you cannot prove an actual loss, nominal damages remain available for the violation, but a court cannot award damages based on the abstract value of the right itself.
Can I sue the prosecutor, the judge, or a witness under Section 1983 over what happened in my criminal case?
Usually not for money damages. A judge is immune for judicial acts unless acting in the clear absence of all jurisdiction. A prosecutor is absolutely immune for initiating a prosecution and presenting the State's case, but only qualified immunity covers investigative acts such as fabricating evidence before probable cause exists. Witnesses are immune for grand jury and trial testimony. Immunity follows the function performed, not the job title.
What is the difference between suing an officer in an individual capacity and an official capacity under Section 1983?
An individual-capacity claim seeks to make the officer personally liable for acts taken under color of state law, and a state official sued that way is a person under Section 1983. An official-capacity claim is really a claim against the government entity. Qualified immunity is a defense only to the personal claim, and a state official sued for damages in an official capacity is not a person under the statute.
Can I sue a federal agent, such as an ICE, FBI, or DEA officer, under Section 1983?
Generally not. Section 1983 reaches persons acting under color of state law. A damages claim against a federal officer depends on the judge-made Bivens remedy, which the Supreme Court calls a disfavored judicial activity and declines to extend to new contexts, as in Egbert v Boule and Goldey v Fields. A claim against the United States under the Federal Tort Claims Act requires a written administrative claim first, filed within two years.
Can I file a Section 1983 case in Michigan state court, and can the defendants move it to federal court?
Yes to both. State courts have jurisdiction over Section 1983 claims, but a defendant can remove a case containing a federal claim to the federal district court for that county. The notice of removal is due within 30 days after service, and all properly joined and served defendants must join or consent. Related state-law claims usually travel with it under supplemental jurisdiction.
For short answers with the statute or court rule behind each one, see my Michigan FAQs on Section 1983 claims (6 answers).
Talk to me about a Section 1983 claim in Michigan
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!
Contact me 24/7 by text on WhatsApp. Think a government official violated your rights in Kent County or West Michigan? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com
Related Michigan pages
For the civil rights practice as a whole, see my Michigan civil rights attorney page. For claims over force and arrests, see my Michigan police misconduct lawyer page, and for claims by people in custody, see my Michigan jail and prison claims lawyer page. For a wider look at my litigation practice, see my Grand Rapids civil litigation attorney page. If an immunity ruling or a judgment goes against you, see my Michigan appeals lawyer page, and for short answers, see my Michigan legal FAQs. My practice also includes personal injury and real estate.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.