If your constitutional rights have been violated by an employee of a local government, you may have a powerful tool for justice under 42 U.S.C. § 1983. This federal statute allows individuals to file lawsuits against government officials, law enforcement, and municipalities when they deprive people of their constitutional rights under color of law.

What Is a Section 1983 Claim?

Section 1983 is not a source of rights but a means to enforce rights granted by the U.S. Constitution. Common claims under this statute include:

• Police Misconduct & Excessive Force – Lawsuits against officers for unconstitutional use of force, wrongful arrests, or unlawful shootings.
• False Arrest & Malicious Prosecution – Holding officers accountable for detaining individuals without probable cause or prosecuting them under false pretenses.
• Jail & Prison Abuse – Protecting inmates from cruel and unusual punishment, including denial of medical care or inhumane conditions.
• First Amendment Retaliation – Cases where government officials retaliate against individuals for exercising free speech or protesting.

Who Can Be Sued?

Defendants in Section 1983 cases are typically government actors, including:

• Police Officers – When they violate constitutional rights, such as using excessive force or arresting a person without probable cause.
• Correctional Officers – For inhumane treatment or failure to protect inmates.
• Other Local Officials, Including School Leaders and Teachers and Government Employers – When they violate individuals’ constitutional rights such as the right to equal protection, due process, or free speech.
• Municipalities & Local Governments – Cities and counties can be held liable when unconstitutional policies or failure to train officers lead to rights violations.

Challenges in Section 1983 Cases

These cases are complex, and plaintiffs often face significant hurdles such as qualified immunity, a legal doctrine that shields government officials from liability unless they violate clearly established constitutional rights. For this reason, we are very selective in the Section 1983 cases we choose to handle. However, with experienced legal representation, plaintiffs may be able to overcome these challenges and secure justice. 

Why This Matters

Holding government officials accountable not only provides justice to victims but also pushes for meaningful policy changes, ensuring that constitutional rights are upheld for all.

If you or a loved one have been subjected to government misconduct, you may have a claim under 42 U.S.C. § 1983. We are proud to be one of the very few law firms in the greater Tri-Cities area that represents plaintiffs in these civil cases. Contact our office today for a consultation—we are dedicated to fighting for your rights and seeking the justice you deserve.