What is the KKK Act?

42 U.S.C. § 1983 and § 1985 are federal statutes that provide civil remedies for violations of constitutional and federal rights. Section 1983 allows individuals to sue state and local government officials who, “under color of” law, deprive them of rights protected by the U.S. Constitution or federal law. It is a cornerstone of civil rights litigation, often used in cases of police misconduct or government abuse. Section 1985, on the other hand, addresses conspiracies to interfere with civil rights, particularly those aimed at preventing officials from performing their duties, intimidating voters, or denying individuals equal protection under the law. Together, these statutes serve as powerful tools for holding public actors accountable for civil rights violations.

Sections 1983 and 1985 originate from the Civil Rights Act of 1871, also known as the Ku Klux Klan Act, which was enacted during Reconstruction to combat widespread racial violence and intimidation by the KKK and similar groups in the post-Civil War South. Congress passed the law to protect the civil and political rights of newly freed African Americans, particularly against conspiracies and abuses by state and local officials who were often complicit or inactive. Section 1983 was designed to create a federal remedy when state actors violated constitutional rights, while Section 1985 specifically targeted private conspiracies—like those orchestrated by the Klan—to prevent individuals from exercising their civil rights, including voting and equal protection. The law empowered the federal government to intervene when states failed to protect citizens from such threats.