CIVIL RIGHTS VIOLATIONS
Every American is given certain civil rights that dictate how he or she may and may not be treated at the hands of the government. When the government violates those civil rights, there are remedies available. The federal law that protects you against government misconduct is 42 USC Section 1983. This law gives private citizens the right to sue the government along with its employees for constitutional violations.
Below is a non-exhaustive list of some common Section 1983 violations that are brought against government agents:
Excessive force – these are claims against government agents who engage in brutality of unnecessary force against those they are trying to detain or arrest.
Reckless indifference – these are claims brought against jail or prison staff who do not provide necessary medial care to their inmates.
False arrest – these are claims against officers of the law who abuse their power to unlawfully arrest or search civilians and their property.
Freedom of speech – these are claims that you have been retaliated against for taking a certain stance on an issue or peacefully expressing yourself.
Sexual abuse – these are claims brought against governmental officials who use their position of power to engage in sexual misconduct or assault by using the threat of retaliation if not obeyed.
Due to the complexities of federal law, there are strict and difficult legal tests that must be passed before someone can pursue a recovery for damages due to a civil rights violation. Because of these complexities, civil rights claims can be difficult to enforce. If you are unsure whether you have a case, our the attorneys at Levine Lyon & Eisberner LLC can help you understand your rights and explore your options.