42 USC 1987 concerns federal enforcement of specified civil rights laws. It authorizes and directs designated federal officials to institute prosecutions and bring alleged offenders before a court with jurisdiction. It does not itself supply a general personal damages claim whenever a person experiences discrimination. Identifying the underlying violation and the proper enforcement route remains essential. [1]
Who the statute addresses
The text names United States attorneys, marshals and deputy marshals, magistrate judges with specified authority, and other officers specially empowered by the President. Its language reflects an older system of federal enforcement and uses references to the Revised Statutes. Reading those references as if every numbered historical provision remains independently in force can be misleading.
The official editorial notes explain that several referenced provisions were repealed, while others were reenacted and eventually classified in modern Title 18. Listed modern sections include 241 and 242, among others. Section 1987 therefore needs to be read with those codification notes and the current substantive law. It is not a substitute for proving the elements of a criminal civil rights offense. [1]
Reporting is different from filing a civil lawsuit
The Justice Department’s Civil Rights Division accepts reports involving subjects such as housing, schools, voting, public services, and law enforcement. Its online reporting system asks for the facts and routes matters to the relevant team. Possible responses include requesting more information, opening an investigation, referral, or an explanation that the division cannot assist. A report does not promise prosecution or individual representation. [2]
For suspected law enforcement misconduct or a hate crime, the department directs people to the FBI. An immediate threat to safety calls for emergency assistance. Include dates, places, people involved, the conduct, and available records; distinguish what you observed from what someone else reported.
Protect separate civil deadlines
A government report and a private lawsuit serve different purposes. An agency’s review should not be assumed to stop a limitations period, satisfy an employment charge requirement, or preserve a damages case. The correct defendant, immunity rules, and legal theory can substantially change the available remedy.
For a related civil remedy, see who can be sued under Section 1983. A failure-to-prevent conspiracy claim has narrower requirements and a specific deadline, discussed in 42 USC 1986. These provisions should be analyzed individually rather than treated as interchangeable civil rights statutes.
Primary sources
- 42 USC 1987: Prosecution of Violation of Certain Laws
- Department of Justice: Contact the Civil Rights Division
Sources checked: October 31, 2026.