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Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 31733
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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i am considering an action against a national agency for violations

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i am considering an action against a national agency for violations of civil rights. I was considering bringing an action using 42 U.S.C. § 1983, however I am unsure if that is applicable to the federal government or only states and if this agency qualifies as a "person" in that statute. Is this a valid statute to use versus a federal agency in such a matter? Or is there a more applicable one you can think of? thank you
Hi - my name is XXXXX XXXXX I'm a Personal Injury litigation attorney. Thanks for your question.

The federal government and a state cannot be sued under a 1983 claim, but an individual officer or representative, employee or agent can be sued for his/her acts that violate one's rights. Also, there are private causes of action available under 1983, but it has to be something in regard to violating or failing to apply some legal right.

Here's a very good outline of what a 1983 claim is and how it works:
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