A "Milder Measure of Villainy": The Unknown History of 42 U.S.C. § 1983 and the Meaning of "Under Color of" Law

Authors

David Achtenberg

Abstract

The principal statutory vehicle used to remedy violations of constitutional rights, 42 U.S.C. § 1983, was originally enacted in 1871 as section 1 of the Ku Klux Act. Not surprisingly, the history of the Ku Klux Act has played an important role in the interpretation of 42 U.S.C. § 1983. Unfortunately, the generally accepted history of the Ku Klux Act is incomplete, distorted, and, in some respects, demonstrably wrong.

Recommended Citation

Achtenberg, David (1999) "A "Milder Measure of Villainy": The Unknown History of 42 U.S.C. § 1983 and the Meaning of "Under Color of" Law," Utah Law Review: Vol. 1999: No. 1, Article 1.
Available at: https://dc.law.utah.edu/ulr/vol1999/iss1/1