Yes, you can sue child support enforcement for a deprivation of rights under 42 U.S.C. § 1983 if you believe the state violated your constitutional rights. [1, 2, 3]
What is 42 U.S.C. § 1983? [2]
- 42 U.S.C. § 1983 is a civil action that allows people to sue for the deprivation of rights, privileges, or immunities. [2]
- It applies to violations of federal constitutional or statutory rights by individuals acting “under color of state law”. [4]
What can you sue for? [3]
- You can sue for the deprivation of rights secured by the Constitution and federal laws. [3]
- You can sue for the deprivation of rights, privileges, or immunities. [2, 3]
- You can sue for the willful subjection to different punishments, pains, or penalties. [5]
- You can sue state or local officials.
- In some circumstances, you can sue private actors.
What must you prove? [6]
- You must show that the individual violated a clearly established law.
- You must show that the individual exhibited a callous indifference for your rights.
[1] https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=4801&context=uclrev
[2] https://www.law.cornell.edu/uscode/text/42/1983
[5] https://www.fbi.gov/investigate/civil-rights/federal-civil-rights-statutes
[6] https://ocde.us/LegalServices/Documents/LIABILITY_UNDER_SECTION_1983_wcopyright.pdf