When Congress passed the original form of the law in 1871, it was intended to counter abuses that were being committed against certain citizens primarily in southern states, where local officials were either unwilling or unable to properly enforce laws.

In more recent years, the law has been used in a wide range of legal cases involving such matters as: mistreatment of children in the child welfare system; violations of the First Amendment, such as abridgment of the right to free speech and assembly; school desegregation; government “takings” of private property; discrimination; and abuse by police (such as the Rodney King case) and prison officials.

The U.S. Supreme Court has determined that the “color of law” requirement is met when public officials act under the authority of state law, no matter whether such acts are illegal under state law.

To be successful with a claim under Section 1983, a plaintiff must establish two things: (1) that the conduct being complained about was committed by a person acting under the color of state law; and (2) the conduct deprived the plaintiff of a constitutional right.