What damages can I recover in a Section 1983 civil rights lawsuit?

What the Law Says

42 U.S.C. § 1983 provides a federal cause of action against state actors who violate constitutional or federally protected rights under color of state law. While the statute itself does not enumerate specific types of damages, courts have long interpreted it to permit recovery of compensatory, punitive, and nominal damages — subject to constitutional and statutory limits.

Compensatory damages reimburse plaintiffs for actual losses — including physical injury, emotional distress, lost wages, and damage to reputation — caused by the constitutional violation.

Punitive damages may be awarded only if the defendant acted with 'evil motive or intent' or with 'reckless or callous indifference' to federally protected rights.

Nominal damages — typically $1 — are available even without proof of actual injury, as long as a constitutional violation is established. They serve to vindicate the plaintiff’s rights.

Prevailing plaintiffs may also recover reasonable attorney’s fees under 42 U.S.C. § 1988, though this is a separate statutory provision, not part of § 1983 itself.

Statutory Text

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress...

— 42 U.S.C. § 1983 — Civil action for deprivation of rights

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