When Government Officials Violate Your Constitutional Rights
What Are § 1983 Civil Rights Claims?
Section 1983 of federal civil rights law (42 U.S.C. § 1983) allows you to sue government officials and entities when they violate your constitutional rights. This powerful federal law was created to hold government accountable when they abuse their power.
§ 1983 claims can arise from violations by police officers and law enforcement, prison guards and corrections officials, school officials and teachers, city and county employees, municipal governments and agencies, or anyone acting "under color of state law."
Common examples include police brutality or excessive force, false arrest or wrongful imprisonment, denial of medical care in jail or prison, discrimination based on race or religion, violation of free speech or religious rights, unreasonable searches and seizures, and due process violations in schools or government proceedings.
We handle both traditional § 1983 claims against individual government officials and Monell claims against cities, counties, and government entities for policies or customs that violate rights.
This Is Not Your Fault
If government officials violated your constitutional rights, you did nothing wrong. Government employees have a duty to respect your constitutional rights, and when they fail to do so, they can be held accountable.
What You Can Do Right Now
Ensure Your Safety First
If you're still in custody or facing ongoing government action, contact family or friends to let them know your situation, request medical attention if you're injured, ask for a lawyer immediately, and document any ongoing violations.
Get Medical Attention
If you were injured, seek immediate medical care and tell medical providers exactly what happened. Get copies of all medical records and photos of injuries, and follow all treatment recommendations.
Document What Happened
Preserve evidence including photos of injuries or property damage, names and badge numbers of officers involved, witness contact information, police reports and incident numbers, video footage from body cameras, surveillance, or cell phones, and any documents related to the incident.
Get Legal Help
Federal civil rights laws provide powerful remedies when government violates your constitutional rights.
Your Legal Rights Under § 1983
What § 1983 Protects
Section 1983 protects constitutional rights including Fourth Amendment protection from unreasonable searches and seizures, First Amendment rights to free speech, religion, assembly, and petition, Eighth Amendment protection from cruel and unusual punishment, Fourteenth Amendment due process and equal protection, and Fifth Amendment due process in federal proceedings.
What You Can Recover
Compensatory damages include medical expenses and future medical care, lost wages and diminished earning capacity, pain and suffering, emotional distress, and property damage.
Punitive damages are available against individual officers for egregious conduct, designed to punish and deter future violations, and can significantly increase your recovery.
Injunctive relief includes court orders requiring policy changes, mandating proper training for officers, and stopping ongoing constitutional violations.
Attorney's fees mean that if you win your case, the government pays your attorney's fees, making § 1983 cases accessible to victims regardless of financial resources.
Traditional § 1983 Claims vs. Monell Claims
Traditional § 1983 claims allow you to sue police officers, prison guards, or other government employees personally. You must show the official violated clearly established constitutional rights, though officials may claim "qualified immunity" as a defense. You can recover compensatory and punitive damages.
Monell claims allow you to sue cities, counties, police departments, or other government entities. You must prove a policy, practice, or custom caused the constitutional violation. No qualified immunity defense is available, and you can recover compensatory damages and injunctive relief. These claims are often necessary for meaningful policy reform.
How We Help Civil Rights Victims
Immediate Response
We provide emergency injunctive relief to stop ongoing violations, evidence preservation including body camera and surveillance footage, investigation coordination with independent experts, medical documentation of injuries and treatment, and witness interviews before memories fade.
Long-term Legal Action
We pursue comprehensive damage recovery for all losses and suffering, accountability for individual officers and government entities, policy reform through Monell claims and injunctive relief, systemic change to prevent future violations, and community impact through precedent-setting cases.
Working Nationwide
We represent civil rights victims in federal court across the United States, as § 1983 is federal law that applies nationwide.
Frequently Asked Questions
Q: How much will this cost? A: We understand that cost is a major concern for victims. We offer several options including pro bono representation for qualifying cases, discounted rates, and limited scope representation where we handle specific parts of your case. Additionally, if you win your § 1983 case, the government pays your attorney's fees.
Q: What if the officer claims they were just doing their job? A: Government officials can be held liable even when acting in their official capacity if they violated clearly established constitutional rights.
Q: Can I sue if I was actually guilty of a crime? A: Yes, your guilt or innocence of the underlying crime doesn't affect your right to be free from constitutional violations during arrest, detention, or prosecution.
Q: What is qualified immunity? A: Qualified immunity is a legal doctrine that can protect individual government officials from liability unless they violated "clearly established" constitutional rights. This is a complex area of law that requires experienced counsel.
Q: How long do I have to file a lawsuit? A: The statute of limitations varies by state (typically 1-3 years), so it's important to act quickly. Some claims may also require notice to government entities within shorter timeframes.
Q: What if the incident was captured on video? A: Video evidence can be crucial to § 1983 cases. We work quickly to preserve body camera footage, surveillance video, and cell phone recordings before they're destroyed.
Resources for Immediate Help
The ACLU and NAACP have local chapters that can provide assistance. The Crisis Text Line is available by texting HOME to 741741. The National Police Accountability Project can be found at attorneys.org/npap. Mental health support and counseling for trauma from rights violations is also important to consider.
Take Action Today
If government officials violated your constitutional rights, you have powerful federal remedies available. The sooner you act, the better we can preserve evidence and hold those responsible accountable.
Contact Tese Law today for a confidential consultation about your § 1983 case.
Remember: Your constitutional rights matter, and government officials who violate them must be held accountable. We're here to fight for justice and ensure this doesn't happen to others.