Converse-1983

Background

Converse-1983 is a concept coined by the American law professor Akhil Reed Amar to describe a law that would allow individuals to sue federal officials under state law for damages when those officials violate the U.S. Constitution. The name comes from the existing statute 42 U.S.C. § 1983, which provides that any person acting under state law who deprives someone of federal rights is federally liable to the injured party.

Amar coined the idea in a 1987 Yale Law Journal article entitled "Of Sovereignty and Federalism".[1] 42 U.S.C. § 1983 allows people to sue state officials for violating federal constitutional rights. Amar's proposal would run this logic in the other direction, suggesting that states pass their own statutes giving people a damages remedy when federal officials violate the federal Constitution. Instead of federal law policing state officers, state law would police federal officers, mirroring § 1983, but inverted along the state–federal axis.[2]

Amar described converse-1983 as "any statute that would invert § 1983 by providing a general state-law-created cause of action against persons acting unconstitutionally under color of federal law."[3]

Structurally, Amar read the original design of federalism as allowing states to enforce the federal Constitution against federal officers, not just the other way around.[4] Proponents of converse-1983 policies view them as addressing gaps in remedies for constitutional violations, especially in the context of the Supreme Court's narrowing of the Bivens doctrine, the judge-made federal counterpart that lets people sue federal officers for constitutional violations.[5]

States with Converse-1983 Statutes

California, Maine, Massachusetts and New Jersey have preexisting statutes that could support damages against federal officers for violations of constitutional rights. Converse-1983 statutes have received renewed attention in response to United States Immigration and Customs Enforcement (ICE) enforcement actity[6][7] and Converse-1983 statutes have been proposed in 15 other states in just as many months of the second Trump presidency.[8][9]

In 2025, Illinois enacted the Illinois Bivens Act, which explicitly authorizes a civil action against federal immigration agents who knowingly violate the United States or Illinois Constitution while conducting civil immigration enforcement. Thus, unlike a broader converse-1983 statute, the Illinois cause of action is limited to conduct in the civil immigration enforcement context.

In 2026 alone, at least five states have passed converse-1983 statutes:

  • Connecticut SB 397[10]
  • Maryland SB 0346[11]
  • Rhode Island HB 7202[12]
  • Vermont H.849[13]
  • New York State Bivens Act[14]

In August 2026, the California Legislature passed SB 747, the "No Kings Act." The Act is a converse-1983 statute that creates a civil cause of action for damages against federal, state, and local officers who, under color of law, deprive a person of rights, privileges, or immunities secured by the United States Constitution. [15] SB 747 will now be presented to Governor Gavin Newsom for signature.

References

  1. ↑ "Akhil Reed Amar". Yale Law School.
  2. ↑ "State-Created Damages Remedies Against Federal Officials". State Democracy Research Initiative, University of Wisconsin Law School.
  3. ↑ Amar, Akhil Reed (1987). "Of Sovereignty and Federalism". Yale Law Journal. 96 (7): 1428. doi:10.2307/796493. JSTOR 796493.
  4. ↑ Amar, Akhil Reed (1993). "Using State Law to Protect Federal Constitutional Rights: Some Questions and Answers About Converse-1983". University of Colorado Law Review. 64 (1). Article 5.
  5. ↑ "Resuscitating State Damages Remedies Against Federal Officials". State Court Report.
  6. ↑ Stark, Harrison (February 27, 2026). "Can State Law Remedy Constitutional Violations by Federal Officers?". Lawfare. The Lawfare Institute.
  7. ↑ Liptak, Adam (February 2, 2026). "A Legal Tool for Holding ICE Agents to Account, Hiding in Plain Sight". The New York Times. Retrieved May 19, 2026.
  8. ↑ Bidwell, Anya (April 6, 2026). "State Efforts to Allow Lawsuits Against Federal Officials Gain Speed". State Court Report. Brennan Center for Justice at NYU Law.
  9. ↑ Hutzell, Rick (February 10, 2026). "Hutzell: Maryland considers a new legal tool to hold ICE agents accountable for abuses". The Baltimore Banner.
  10. ↑ "Public Act No. 26-14" (PDF). Connecticut General Assembly. May 4, 2026.
  11. ↑ "Legislation - SB0346". mgaleg.maryland.gov. Retrieved 2026-08-17.
  12. ↑ "Governor McKee Ceremonially Signs Bills Protecting Immigrant Rights, Promoting Safer Communities | Governor's Office, State of Rhode Island". governor.ri.gov. Retrieved 2026-08-17.
  13. ↑ "H.849 (Act 87)". Vermont General Assembly. April 27, 2026.{{cite web}}: CS1 maint: url-status (link)
  14. ↑ "NYS Open Legislation | NYSenate.gov". www.nysenate.gov. Retrieved 2026-08-17.
  15. ↑ Egelko, Sara DiNatale, Bob (2026-08-27). "Legislature passes bill making it easier for Californians to sue ICE agents". San Francisco Chronicle. Retrieved 2026-08-28.{{cite web}}: CS1 maint: multiple names: authors list (link)
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