IMPACT OF 42 U.S.C. SECTION 1983 ON HIGHWAY DEPARTMENTS, PERSONNEL, AND OFFICIALS

More than a century ago during the Reconstruction Era following the War between the States, Congress enacted a law designed to provide redress for people whose civil rights were violated. This law, the Civil Rights Act of 1871, codifed, in part, as 42 U.S.C. Section 1983, is commonly referred to as "Section 1983". Case law arising out of suits specifically involving Section 1983 actions against state highway departments and their personnel and officials is sparse because few such actions have been reported. Therefore, the principles set forth in this paper are derived from a wide variety of Section 1983 cases involving a variety of state and municipal agencies and officials sued in their official and individual capacities. The intent of this paper is to set forth those general principles of Section 1983 law pertinent to issues that could arise in lawsuits involving state highway departments and their personnel and officials. No attempt has been made to give an extensive analysis of how these principles might be applied in hypothetical cases, except where case law already exists suggesting the type of fact situations in which such cases might arise.

• Digital Copy:
  • Purchase a digital copy of this publication for $25 USD
• Supplemental Notes:
  • Page range: 2018-N119 through 2018-N157.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Authors:
  • Merriam, D H
  • Propst, C L
• Publication Date: 1991-11

Media Info

• Pagination: 39 p.
• Serial:
  • Selected Studies in Highway Law
  • Volume: 4
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Case studies; Highway departments; Highway law; Impacts; Legal documents; Personnel; State departments of transportation
• Old TRIS Terms: Civil rights act, section 1983; Officials
• Subject Areas: Administration and Management; Highways; Law; Society; I10: Economics and Administration;

Filing Info

• Accession Number: 00621568
• Record Type: Publication
• Report/Paper Numbers: Addendum 5
• Files: TRIS, TRB
• Created Date: Apr 30 1992 12:00AM