Supreme Court Issues Section 1983 Decision, Does Little Apparent Damage

The Supreme Court has ruled unanimously that the Telecommunications Act’s inclusion of a restricted, private judicial remedy demonstrates Congress’s intent that the Act not be enforceable under 42 U.S.C. section 1983. City of Rancho Palos Verdes v. Abrams, No. 03-1601, ---S.Ct.---, 2005 WL 645209 (Mar. 22, 2005). Every justice except Justice Stevens joined Justice Scalia’s decision for the Court.

The decision dispels fears that the Court would use the case as vehicle for dramatically limiting section 1983 claims. The decision will likely preclude use of section 1983 to obtain attorneys’ fees under statutes that contain express rights of action. Overall, the decision will be helpful to section 1983 claims under statutes with no private judicial remedies, although some aspects of the opinion are somewhat equivocal.