If a police officer or other government official violates your constitutional rights, a Section 1983 lawsuit may allow you to recover damages.

Section 1983 of Title 42 of the United States Code (42 U.S.C. § 1983) allows a person to sue law enforcement officers and other government officials for damages when they violate constitutional rights. 1983 gives people the right to file a lawsuit against government officials who violate their constitutional rights. Section 1983 cases must be against specific individuals/employees. This could range from suing a police officer for using excessive force to suing state elected officials for passing an unconstitutional law.

Bivens cases are like Section 1983 cases — they are lawsuits against federal officials and employees. Bivens claims may not be brought against any federal government agency. Bivens claims are limited to constitutional violations and typically may not use violations of federal statutes as a basis for recovery.

The U.S. Constitution acknowledges freedoms — enumerated and unenumerated — that are protected by law. This includes the following:

• Freedom of speech
• Freedom of the press
• Freedom of religion
• Freedom of assembly
• Right to petition the government
• Right to privacy

The Bill of Rights (amendments to the Constitution) is a great place to learn more about inviolable, precious safeguards that empower a people and state their liberties.

Most Section 1983 lawsuits and Bivens claims are brought when an official of the state or federal government violates someone’s Fourth, First, or Eighth Amendment rights. Examples include:

• Excessive force and police misconduct
• Violation of prisoner rights
• Restrictions on free speech in government workplaces and public schools
• Due process or equal protection violations by government officials

Qualified Immunity is a defense against Section 1983 in which a government official could escape liability if the constitutional claim is “clearly established.”

Our firm is one of very few plaintiff-side public interest firms with a record of success in Section 1983 lawsuits, Bivens claims, and other constitutional litigation. We know how to pursue police officers, prison guards, and other government officials who violate people’s constitutional rights. We are not afraid to take on corrupt and incompetent officers and government officials.

If you believe your constitutional rights, or someone else’s, have been violated, contact Hamed Law now to speak to a Constitutional Rights attorney and find out if you may have an actionable Section 1983 lawsuit or Bivens Claim. Hamed Law is a national law firm headquartered in Washington, D.C.