Section 1983 is the federal law that lets you sue a government official, including a police officer, for violating your constitutional rights. You must show that the person acted under color of state law and deprived you of a federal right. The filing deadline comes from state law: three years in Michigan and two in Nevada.
What the statute says
The text is short. A person who, under color of state law, subjects someone to the deprivation of rights secured by the Constitution and laws is liable to the injured party in an action at law, a suit in equity, or another proper proceeding. 42 U.S.C. § 1983. The statute does not list the rights. It is the vehicle, not the source. Graham v. Connor, 490 U.S. 386, 393-94 (1989). In police cases the right usually comes from the Fourth Amendment.
The two elements
To state a claim, a plaintiff must allege the violation of a right secured by the Constitution and laws of the United States, and must show the deprivation was committed by a person acting under color of state law. West v. Atkins, 487 U.S. 42, 48 (1988). The first element is usually where the fight is.
Excessive force under Graham v. Connor
Claims that officers used excessive force during an arrest, investigatory stop or other seizure are analyzed under the Fourth Amendment’s objective reasonableness standard. Graham, 490 U.S. at 396. Courts look at the facts and circumstances of the case, including how severe the suspected crime was, whether the person posed an immediate threat to officers or others, and whether the person was actively resisting or trying to flee. Id. Reasonableness is judged from the perspective of a reasonable officer on the scene, not with hindsight. Id.
Who can be sued
- The officer personally. Each official is liable for his or her own misconduct. A supervisor cannot be held liable on a theory that the boss answers for a subordinate’s wrong. Ashcroft v. Iqbal, 556 U.S. 662, 676-77 (2009).
- The city or county. A local government cannot be held liable under section 1983 on a respondeat superior theory. It is liable when its own policy or custom inflicts the injury. Monell v. New York City Department of Social Services, 436 U.S. 658, 691, 694 (1978). A single decision by an official with final policymaking authority can count as policy. Pembaur v. City of Cincinnati, 475 U.S. 469, 483 (1986). Inadequate training supports liability only where it amounts to deliberate indifference. City of Canton v. Harris, 489 U.S. 378, 388 (1989). A pattern of similar violations is ordinarily necessary to show that. Connick v. Thompson, 563 U.S. 51 (2011).
- Not the State. Neither a State nor its officials acting in their official capacities are "persons" under section 1983 in a suit for money damages. Will v. Michigan Department of State Police, 491 U.S. 58, 71 (1989).
What you can recover
Damages are meant to compensate for injury caused by the deprivation of rights. Carey v. Piphus, 435 U.S. 247, 255 (1978). A violation that causes no provable injury can still support a nominal award. Id. at 266. Punitive damages are available against an individual defendant when the conduct involves evil motive or intent, or reckless or callous indifference to federally protected rights. Smith v. Wade, 461 U.S. 30, 56 (1983). They are not available against a city. City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 271 (1981). The statute also allows a suit in equity, which is the route for an injunction.
Section 1988 allows the court, in its discretion, to award the prevailing party a reasonable attorney’s fee as part of the costs. 42 U.S.C. § 1988(b). The award is discretionary.
Deadlines in Michigan and Nevada
Section 1983 has no limitations period of its own. Federal courts borrow the state’s period for personal injury actions. Wilson v. Garcia, 471 U.S. 261, 275-76 (1985). Where a state has several, the court borrows the general or residual one. Owens v. Okure, 488 U.S. 235, 250 (1989).
- Michigan: three years. MCL 600.5805(2); McCune v. City of Grand Rapids, 842 F.2d 903, 905 (6th Cir. 1988); Bozzo v. Nanasy, 159 F.4th 1111, 1116 (6th Cir. 2025).
- Nevada: two years. NRS 11.190(4)(e); Perez v. Seevers, 869 F.2d 425, 426 (9th Cir. 1989); Rosales-Martinez v. Palmer, 753 F.3d 890, 895 (9th Cir. 2014).
State law supplies the length, but federal law decides when the clock starts. For a false arrest followed by criminal proceedings, it starts when you become detained pursuant to legal process. Wallace v. Kato, 549 U.S. 384, 397 (2007). State-law claims can have their own, sometimes shorter, periods. Michigan allows two years for false imprisonment, MCL 600.5805(3), and Nevada allows two years for false imprisonment, NRS 11.190(4)(c).
Defenses to expect
Officers will often raise qualified immunity, which shields them from damages unless they violated clearly established law. It does not protect a city. Owen v. City of Independence, 445 U.S. 622, 638 (1980). And if your claim would necessarily imply that a criminal conviction is invalid, Heck v. Humphrey, 512 U.S. 477, 487 (1994), can stand in the way until the conviction is set aside. For a Michigan example, see my post on suing after a wrongful arrest in Michigan.
I handle civil rights cases in both states. See my Michigan civil rights attorney and Las Vegas civil rights attorney pages. General answers are on my Michigan and Nevada legal FAQs pages.
Questions about section 1983
Do I have to be physically hurt to bring a section 1983 claim?
No. The claim is for the violation of a federal right. What you can recover depends on what you can prove, though a violation without provable injury can still support a nominal award. Carey v. Piphus, 435 U.S. 247, 266 (1978).
Can I sue the city for what one officer did?
Not on the theory that the city employs the officer. The city is liable only when its own policy or custom caused the injury, Monell, 436 U.S. 658, 694. That often requires evidence beyond the single incident.
How long do I have in Nevada compared with Michigan?
Two years in Nevada under NRS 11.190(4)(e), and three years in Michigan under MCL 600.5805(2). Federal law decides when the clock starts, and state-law claims can run on different clocks, so I treat the earliest date as the deadline.
Is a section 1983 claim the same as a state-law claim?
No. They have different elements, defenses and sometimes deadlines. State governmental immunity rules, for example, do not control the federal claim. Howlett v. Rose, 496 U.S. 356, 375 (1990).
If you think your rights were violated by a police officer or another government official, call my Grand Rapids office at (616) 213-3327 or my Las Vegas office at (702) 602-4990, or use the contact page. This post is general information, not legal advice, and reading it does not make me your lawyer.