Sample Declaration for a § 1983 Case
If you are litigating a Section 1983 case pro se, a declaration is one of the few evidence tools you control completely.
Use it to turn your version of events into admissible evidence for motions, especially summary judgment. Done well, it can keep the court from treating the officers’ affidavits as the only record.
Read this alongside how to write a declaration, sample Section 1983 complaint for a false arrest case, and how to research clearly established law.
What a declaration does
A declaration gives the court your facts in a form it can use as evidence.
Use it to say:
- what you personally saw
- what you personally heard
- what happened first, next, and last
- what documents, photos, or videos you can authenticate
That factual record is what your legal argument stands on.
Sample declaration
UNITED STATES DISTRICT COURT
FOR THE [DISTRICT]
[YOUR NAME], )
)
Plaintiff, )
)
v. ) Civil Action No. __________
)
OFFICER JANE MARTINEZ, et al., )
)
Defendants. )
DECLARATION OF [YOUR NAME]
I, [Your Name], declare under penalty of perjury under 28 U.S.C. Section 1746 that the
following is true and correct based on my personal knowledge:
1. I am the Plaintiff in this action.
2. On March 3, 2025, at approximately 8:15 p.m., I was standing on the public sidewalk near
400 Main Street in Exampleville, holding my cell phone and recording police activity.
3. I remained several feet away from the officers and did not cross any police tape, touch
any officer, or interfere with their activities.
4. I heard Officer Jane Martinez say words to the effect of, "Stop recording and move on."
5. I responded that I was on a public sidewalk and had the right to record.
6. Within seconds, Officer Martinez grabbed my left arm, pulled it behind my back, and
placed me in handcuffs.
7. I did not swing at, threaten, push, or physically resist Officer Martinez or any other
officer.
8. Officer David Lewis then assisted Officer Martinez in escorting me to a patrol vehicle.
9. I asked what I was being arrested for. Officer Martinez stated, "Disorderly conduct."
10. Before I was handcuffed, no officer told me that I was blocking traffic, creating a
disturbance, or committing any crime.
11. I was transported to the Exampleville jail and detained for approximately six hours.
12. I was released without being formally charged.
13. Attached as Exhibit 1 is a true and correct copy of a screenshot from the video I
recorded that night.
14. Attached as Exhibit 2 is a true and correct copy of the release paperwork I received
from the jail.
15. Attached as Exhibit 3 is a true and correct copy of my records request response showing
that body-camera footage exists for the incident.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on [date], in [city, state].
[Signature]
[Printed Name]Why this sample works
It sticks to personal knowledge
You can testify that an officer grabbed you, what you heard, how long you were detained, and what was handed to you at release. You cannot testify that “the city had a custom of unconstitutional arrests” unless you have firsthand knowledge or properly authenticated records supporting that statement.
It is chronological
Judges read declarations fast. Chronology matters. If your declaration jumps around, it becomes harder to see the disputed facts that defeat summary judgment.
It authenticates exhibits
If you are attaching screenshots, release paperwork, public-record responses, or photographs, include a short paragraph stating that each exhibit is a true and correct copy. That gives the exhibit a foundation.
What declarations should not do
Do not load the declaration with legal argument like:
- “Defendants violated my Fourth Amendment rights”
- “The force was objectively unreasonable”
- “Qualified immunity should be denied”
Those are brief-writing points. Put them in the motion or response brief. The declaration should supply the facts that make those arguments possible.
Facts that matter most in police-misconduct declarations
The details that usually matter are not dramatic adjectives. They are concrete, litigable facts:
- distance between you and the officers
- whether you were handcuffed
- whether you were already subdued
- exact commands given
- exact statements you made
- duration of detention
- visible injuries
- existence of video
- names of witnesses
If the case involves excessive force, describe body position, resistance or non-resistance, number of strikes, weapon type, and timing. If it involves false arrest, describe the conduct that allegedly formed probable cause and why you were not committing that offense.
When to use a declaration
Declarations are especially important when:
- opposing summary judgment
- supporting a motion for a preliminary injunction
- authenticating records you obtained before filing
- clarifying disputed facts after the defense misstates the record
In many pro se cases, the declaration is the only competent evidence you ever submit. Treat it accordingly.
Common mistakes
Writing argument instead of facts
The court does not need a declaration saying your rights were violated. It needs a declaration saying what happened.
Making statements you cannot actually prove
If you write “Officer Lewis deleted the body-camera footage,” you need personal knowledge or a properly supported record for that claim. Suspicion is not evidence.
Forgetting exhibits
If you mention video, jail paperwork, dispatch logs, or public-record responses, attach them if you can. Otherwise the declaration may read like an unsupported story.
Leaving out the perjury language
Use the 28 U.S.C. Section 1746 form. Without it, the declaration may not count as evidence.
The declaration is where you stop telling the court what the law is and start showing the court what happened.