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In addition to claims filed under Section 504, ADA, and IDEA, an increasing number of lawsuits are filed against schools and school personnel under Section 1983 of the Civil Rights Act of 1871. In accordance with Section 1983, any person whose constitutional rights (or rights under federal law) have been violated by a government official may sue for damages in federal court, and the official may be held liable for the actual damages. Section 1983 lawsuits often are referred to as “constitutional torts,” and, similar to common torts, the court decides whether there was a duty to a student, whether the duty was breached (i.e., the student was deprived of their rights under constitutional or federal statutory law by a public official), whether the student suffered injury, and whether the breach of duty was the proximate cause of the student’s injury. A student whose civil rights were violated under Section 1983 may sue the school board, principal, teacher, and/or the school psychologist responsible in federal court, thereby bypassing any state law granting school personnel immunity from liability during performance of their job duties.