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Before proceeding, confirm that your claim meets the elements of a 42 U.S.C. § 1983 action:

• Defendant is a State Official: The person you are suing must be acting under color of state law.

• Constitutional Violation: You must show that the state official violated your constitutional or federal statutory rights.

• Personal Involvement: The official must have been personally involved in the violation.

If you are also raising state law claims (e.g., negligence), you must comply with Oklahoma’s Governmental Tort Claims Act (GTCA), 51 O.S. § 151 et seq. BEFORE filing suit.

Even if you comply with GTCA for state law claims, you must still properly file your federal § 1983 lawsuit.

Identify the Proper Defendants:

The "State of Oklahoma" is NOT a proper defendant in a § 1983 lawsuit. Defendants should when possible be identified by their name and title.  If the identity is unknown, it is sometimes appropriate to identify the defendant as "John Doe".

State officials in their individual capacity can be sued for damages.

State officials in their official capacity can be sued for injunctive relief but NOT for damages (because of sovereign immunity under the 11th Amendment).

A private party may be liable under § 1983 if they acted in concert with state officials to commit constitutional violations [Gallagher v. “Neil Young Freedom Concert”, 49 F.3d 1442, 1447 (10th Cir. 1995)].

Draft Your Complaint:

Use the Federal Court’s Standard Complaint Form (Available from the U.S. District Court for the Western, Eastern, or Northern Districts of Oklahoma).

Include:

Jurisdiction: 

State that the court has jurisdiction under 28 U.S.C. § 1331 (federal question) and 42 U.S.C. § 1983.

Parties: 

Identify yourself and the state official being sued.

Facts: 

Provide a concise, chronological statement of the facts.

Legal Claims: 

Cite the constitutional right(s) violated (e.g., First, Fourth, Eighth, or Fourteenth Amendment).

*IMPORTANT NOTE*: 

18 U.S.C. § 241 & 18 USC 242 are a Criminal Statutes, Not a Civil Causes of Action!

Violations of 18 U.S.C. § 241 (Conspiracy Against Rights) and 18 U.S.C. 242 

are NOT actionable through a 42 U.S.C. § 1983 complaint.

Criminal law does not create a private right of action—meaning individuals cannot sue under criminal statutes.  Only the U.S. Department of Justice (DOJ) can prosecute violations of these statutes [Newcomb v. Ingle, 827 F.2d 675, 677 n.1 (10th Cir. 1987)].

Relief Requested: 

Specify whether you are seeking monetary damages, injunctive relief, or both.

File in the Proper Court

Federal lawsuits are filed in U.S. District Court.

Oklahoma has three federal district courts:

Western District (Oklahoma City)

Eastern District (Muskogee)

Northern District (Tulsa)

File in the district where the violation occurred.

Pay the Filing Fee or Request a Fee Waiver

$405 filing fee (as of 2024).

If you cannot afford it, file a Motion to Proceed In Forma Pauperis (IFP).

Key Legal Principles for Compensatory Damages in § 1983 Cases:

42 U.S.C. § 1983 itself does not explicitly define available damages, but courts have established that compensatory damages are available for:

• Physical injuries (medical expenses, pain, and suffering)

• Emotional distress (mental anguish, humiliation)

• Lost wages and earning capacity

• Property damage

• Attorney’s fees (under 42 U.S.C. § 1988(b)

Carey v. Piphus, 435 U.S. 247 (1978) – The Supreme Court ruled that compensatory damages in § 1983 cases must be based on actual injury and cannot be presumed. However, nominal damages may be awarded if no actual injury is proven.

Memphis Community School District v. Stachura, 477 U.S. 299 (1986) – The Court clarified that damages under § 1983 must compensate for actual harm and cannot be based purely on the abstract value of constitutional rights.

Smith v. Wade, 461 U.S. 30 (1983) – Establishes that punitive damages may be awarded in § 1983 cases if the defendant acted with reckless indifference or malice.

1. Prepare Summons

   • Get a summons form from the federal court’s website.

   • Fill it out for each defendant.

   • Serve Each Defendant

2. You must serve the complaint and summons to the state official.

Service can be done via:

• Process server

• Certified mail with return receipt

• U.S. Marshal (if granted IFP status)

Shortly after being served, defendants will often file a "Motion to Dismiss" under Rule 12(b)[How to present a defense] for one or more of the following:

1. lack of subject-matter jurisdiction;

2. lack of personal jurisdiction;

3. improper venue;

4. insufficient process;

5. insufficient service of process;

6. failure to state a claim upon which relief can be granted; and

7. failure to join a party under Rule 19 .

Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:

A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.

Be prepared to respond in writing with legal arguments supporting your claim.

If your case survives dismissal, it moves into discovery where both sides gather evidence.

If not settled, the case proceeds to trial before a judge or jury.

Statute of limitations is the legal time limit within which a lawsuit must be filed. If a claim is not filed within this period, it is typically barred, meaning the court will dismiss it.  

Oklahoma follows a two-year statute of limitations for 42 USC § 1983 claims. 

There are limited scenarios where the statute of limitations can be Tolled.  Tolling the statute of limitations means temporarily pausing or extending the time limit for filing a lawsuit. This allows a plaintiff to file a claim even after the standard deadline has passed.

"Capacity" refers to whether a defendant is being sued in their individual (personal) capacity, official capacity, or both. This distinction affects liability, available defenses, and the relief that can be granted.  Government actors can be sued in their Individual Capacity, Official Capacity, or both.