ABSTRACT
Violation of individual rights by government officials was a concern for the framers of the Constitution, but they did not include in it any direct tool permitting citizens to sue the federal or state governments for damages. Creation of this right was left to Congress and the courts. In 1871, Congress passed a law allowing individuals to sue state governments in federal courts; such lawsuits became known as "section 1983 actions" under the United States Code. The right to sue the federal government for damages was created by the U.S. Supreme Court in Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971).
