Section 1983 Constitutional Rights Lawsuits
If a police officer or other government official violates your constitutional rights, a Section 1983 lawsuit may allow you to recover damages.
Section 1983 Services
What is a Section 1983 Lawsuit?
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 or to suing state elected officials for passing an unconstitutional law.
What is a Bivens Claims?
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 claim is limited to constitutional violations and typically may not use violations of federal statutes as a basis for recovery.
What are Constitutional Rights?
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, etc.
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.
How do Government Officials Violate Your Constitutional Rights?
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.
List of examples:
- 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…
What is “Qualified Immunity” in a Section 1983 Lawsuit?
Qualified Immunity is a defense against Section 1983 in which a government official could escape liability if the constitutional claim is “clearly established.”
Hamed Law Can Help You Win a Section 1983 Lawsuit or Bivens Claim
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.
FAQ (Frequently Asked Questions)
Who can bring a Section 1983 case?
The law gives a person the right to sue government employees and others acting under color of law when their civil and constitutional rights are violated.
What do I need to prove in a Section 1983 case?
A Section 1983 claim will succeed when two critical points are proved: (1) a person willfully subjected you to conduct that occurred under color of law, and (2) that conduct deprived you of rights, privileges, or immunities granted under federal law or the U.S. Constitution. It is not necessary to prove the person depriving you of your rights was motivated by animus toward your race, color, religion, sex, handicap, familial status, or national origin.
What is meant by “under color of law”?
Under color of law refers to conduct committed under the authority of any law, statute, ordinance, regulation, or custom. It does not matter whether the person is acting within the guidelines of their lawful authority or beyond it. Persons acting “under color of law” include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials.
What are my remedies under Section 1983?
A successful Section 1983 claim typically results in compensatory damages that offer you a financial sum for the injury suffered by you. Some courts award punitive damages when the unconstitutional conduct is so severe. Punitive damages are intended to punish the biased actor. Finally, you may also seek your attorney fees.