§1343 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Federal district courts must hear civil cases people bring to get money or other court orders when their body, property, or rights are harmed. That covers fights over injuries or loss of rights caused by conspiracies under section 1985 of Title 42; suits against someone who knew a wrong was about to happen and could have stopped it but didn’t; cases where state law or state power was used to take away rights guaranteed by the U.S. Constitution or by federal laws; and claims under any federal civil‑rights law, including voting‑rights claims. For this rule, the District of Columbia is treated like a State. Any federal law that applies only to D.C. is treated as a D.C. law.

Title 28, §1343

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person:

(1)To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42;

(2)To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title 42 which he had knowledge were about to occur and power to prevent;

(3)To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States;

(4)To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote.

(b)For purposes of this section—

(1)the District of Columbia shall be considered to be a State; and

(2)any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 41(12), (13), and (14) (Mar. 3, 1911, ch. 231, § 24, pars. 12, 13, 14, 36 Stat. 1092). Words “civil action” were substituted for “suits,” “suits at law or in equity” in view of Rule 2 of the Federal Rules of Civil Procedure. Numerous changes were made in arrangement and phraseology.

Editorial Notes

Amendments

1979—Pub. L. 96–170 designated existing provisions as subsec. (a) and added subsec. (b). 1957—Pub. L. 85–315 inserted “and elective franchise” in section catchline and added par. (4). 1954—Act Sept. 3, 1954, substituted “section 1985 of Title 42” for “section 47 of Title 8” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 1979 Amendment Pub. L. 96–170, § 3, Dec. 29, 1979, 93 Stat. 1284, provided that: “The

Amendments

made by this Act [amending this section and section 1983 of Title 42, The Public Health and Welfare] shall apply with respect to any deprivation of rights, privileges, or immunities secured by the Constitution and laws occurring after the date of the enactment of this Act [Dec. 29, 1979].”

§1343 Civil Rights and Elective Franchise

Summary

Title 28, §1343

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata