Which statement about federal agents and §1983 is accurate?

• A. They can be sued under §1983 when acting under color of federal law
• B. They are not subject to §1983 because they act under color of federal law
• C. They can be sued in state court under §1983 if the action involves state actors
• D. They can be sued only in federal court under §1983

Answer: (B)

§1983 provides a civil rights remedy only against persons acting under color of state law. Federal agents operate under color of federal law, so §1983 does not apply to them. When a federal officer violates rights, the usual route is a Bivens claim in federal court, or, for certain claims, the Federal Tort Claims Act against the United States—not §1983. So the statement that they are not subject to §1983 because they act under color of federal law is the correct way to express this distinction.