CIVIL
RIGHTS
ATTORNEY
The Fourteenth Amendment to the United States Constitution guarantees all natural-born and naturalized citizens of the United States a basic level of civil rights. This includes the right not to be deprived of their life, liberty, or property without due process of law, as well as the equal protection of the laws. Congress proposed the amendment after the Civil War to protect citizens against actions by state governments that attempt to deprive a person of these basic rights.
Modern law continues to carry out the Fourteenth Amendment’s purpose. Congress adopted 42 U.S.C. § 1983, which creates a civil remedy for those persons whose civil rights are violated by any person or entity acting under the “color” of state law. In essence, Section 1983 is a powerful legal tool that may be used to seek compensation on behalf of victims of civil rights violations committed by state and local governments.
Saltz Mongeluzzi Bendesky P.C. is a nationally recognized civil rights law firm serving clients throughout the Philadelphia region. Suppose you have been the victim of police misconduct, abuse, or neglect while confined to jail or been subject to any excessive force by a state actor. In that case, you may be entitled to significant monetary damages, as well as a court order to stop future misconduct by the state. Our team will be happy to sit down, review your case, and advise you on your options under the law.
How Does a Section 1983 Lawsuit Work?
Section 1983 is a federal statute that creates a private right of action against anyone who acts under the color or authority of a state, municipal, or other local government. It is important to note that Section 1983 does not apply to agents of the federal government. The United States Supreme Court, however, has recognized a separate class of civil rights action known as a Bivens claim that may be brought against employees or agents of the federal government.
For purposes of a Section 1983 claim, civil rights only refer to those rights guaranteed under the United States Constitution. They do not apply to rights that exist purely under state or local law, although many states have their own civil rights laws that do cover such situations. In terms of the types of claims we typically see under Section 1983, here are just a few examples:
- Police Misconduct: A police officer using excessive and unreasonable force while carrying out their official duties is perhaps the most common type of Section 1983 lawsuit. This can include police who damage a person’s property while carrying out an unlawful search.
- Malicious Prosecution: If the police arrest you without probable cause on a baseless charge that is ultimately dismissed, you may have a Section 1983 claim for malicious prosecution.
- Jailhouse Neglect and Abuse: Police and prison officials have a duty to ensure that inmates under their custody receive proper care. If a prisoner suffers serious injury–or even dies–as a result of neglect or abuse, that prisoner or their family can file a Section 1983 lawsuit.
- Equal Protection: State and local governments may not discriminate against persons who belong to a protected class when it comes to providing privileges or benefits. For example, a local authority that refuses to issue licenses or permits to people of a certain race violates Section 1983 as well as federal anti-discrimination laws.
- Sexual Abuse: If a state or local official uses their position to engage in sexual abuse, that can also qualify as a Section 1983 violation. This can include situations involving an employer-employee relationship, or even a public school teacher engaging in sexual conduct with an underage student.
Section 1983 does not, in and of itself, define any specific civil rights violations. Rather, it provides a procedure for allowing courts to exercise jurisdiction over civil lawsuits alleging a specific violation of a constitutional right or federal civil rights statute. For example, a police officer who engages in excessive force violates a person’s Fourth Amendment rights.
Section 1983 is also not limited to suing employees or agents of the government. In many cases, a private person or business may be sued if they acted under “color” of state or local law. For instance, if a private business owner conspired with local police to orchestrate the false arrest of a rival, the businessperson could still be sued under Section 1983.
Compensation in Federal Civil Rights Cases
The main objective of any federal civil rights lawsuit is to obtain compensatory damages for the victims of the civil rights violation. Compensatory damages are meant to compensate the victim for any injuries and other losses they suffered as a result of the defendant’s misconduct. Such damages frequently include:
- past and future medical expenses;
- lost wages and diminished earning capacity;
- pain and suffering; and
- emotional distress.
It may also be possible to seek punitive damages in certain civil rights cases. Unlike compensatory damages, punitive damages are a form of civil punishment meant to deter government officials from engaging in similar forms of misconduct in the future. As such, punitive damages require proof that an individual’s actions were especially egregious. (Punitive damages cannot be recovered against a city, county, or other municipal government.)
Finally, a judge may also provide injunctive relief in civil rights cases. An injunction is effectively an order designed to prevent similar civil rights violations by the defendants in the future. Violating an injunction can lead to additional litigation, and possibly even holding local officials in contempt of court.
Section 1983 and Qualified Immunity
Some public officials are immune from civil rights lawsuits in all cases. Such absolute immunity covers prosecutors, judges, and members of a state legislature. Other government officials, notably police officers, may also attempt to claim “qualified immunity” in response to a Section 1983 claim.
Qualified immunity means you cannot sue an officer unless you can show they violated a “clearly established” constitutional or statutory right. The stated purpose of qualified immunity is to protect officers who simply exercise discretion in performing their duties.
Schedule a Free Consultation With Our Philadelphia Civil Rights Lawyer Today
Contact a Civil Rights Attorney Today
Saltz Mongeluzzi Bedensky has a proven track record of multi-million dollar jury verdicts and out-of-court settlements in a wide range of civil rights cases. We understand the difficult legal issues involved in building and winning such lawsuits. So if you have been the victim of a state or local government official’s illegal or unconstitutional actions, do not hesitate to contact the civil rights attorneys at SMB today to schedule a free case evaluation.