What is a requirement for establishing a claim under the Civil Rights Act of 1983?

To establish a claim under the Civil Rights Act of 1983, it is essential that the action occurs "under color of law." This means that the individual accused of the violation must be acting in their official capacity or using the authority granted to them as a government official when the alleged misconduct takes place. The concept of "color of law" is pivotal because it differentiates between actions taken by officials in their lawful capacity versus private conduct, which is not covered under the Civil Rights Act.

For example, if a police officer engages in misconduct while they are performing their duties, that action would be considered under color of law. This aspect is crucial for holding public officials accountable for civil rights violations while allowing private individuals to pursue different legal avenues for private acts.

Understanding this requirement helps clarify that the relationship between the government and the individual existence extends to actions where state authority is misused or abused, which the Civil Rights Act aims to address.