How to File a Civil Rights Claim

Law enforcement and corrections officers have a duty to respect our civil rights. It isn’t optional, and it isn’t conditional. They cannot overstep any of the rights granted to us in the Constitution at any time.

However, as we know, law enforcement and corrections officers often violate the civil rights of the people they interact with. When this happens, victims have a recourse to file a claim under Section 1983 of the United States Code.

Section 1983 is a federal law that allows citizens to sue government officials, including law enforcement officers, for violating their constitutional rights. The law is often used in cases involving police brutality or excessive force, false arrest and wrongful imprisonment.

If you or someone you love has had your rights violated by a government official, you have options. Contact the civil rights lawyers at Niemeyer, Grebel and Kruse today to discuss your case – 314-241-1919.

What is Section 1983?

Section 1983 is a federal law that allows individuals to sue state and local government officials for violating their constitutional rights.

Also known as the Civil Rights Act of 1871, Section 1983 was passed by Congress in response to the Ku Klux Klan’s campaign of terror against African Americans in the South following the end of the Civil War. The law was designed to give individuals a way to hold government officials accountable for violating their constitutional rights.

Section 1983 covers a wide range of constitutional rights, including:

• The right to be free from unreasonable searches and seizures (Fourth Amendment)
• The right to due process of law (Fifth and Fourteenth Amendments)
• The right to freedom of speech and expression (First Amendment)
• The right to freedom of religion (First Amendment)
• The right to freedom from discrimination based on race, sex, or religion (Fourteenth Amendment)

These are just a few of the rights that can be violated under Section 1983. If you believe your constitutional rights have been violated by a government official, it’s important to speak with an experienced civil rights attorney who can help you understand your legal options.

In order for a violation to be covered under Section 1983, it must have been committed by a government official while acting under “color of law.” This means that the officer was using their authority as a government agent when they committed the violation.

What does ‘Under color of law’ mean?

The term “under color of law” comes from a legal doctrine called “color of authority.” This doctrine gives government officials the power to perform certain acts as long as they are acting within the scope of their authority.

For example, a police officer has the authority to arrest someone who has committed a crime. However, if that police officer were to then beat up the suspect, they would be violating that person’s constitutional rights.

The officer would be acting “under color of law” because they are using their authority as a government agent to commit the act.

Similarly, a corrections officer has the authority to use force to subdue an inmate if that inmate becomes violent. However, if the corrections officer were to then beat up the inmate for no reason, they would also be violating that person’s constitutional rights.

What are some examples of deprivation of rights cases?

There are many different types of civil rights violations, but some of the most common include:

• Excessive force – This is when a police or corrections officer uses more force than necessary to subdue a suspect.
• False arrest / false imprisonment – This is when a person is unlawfully detained by a government official.
• Illegal search and seizure –  This is when a government official searches a person or their property without probable cause.
• First amendment violations – This can include anything from censorship to preventing someone from exercising their right to peaceful assembly.

How do you file a deprivation of civil rights under color of law claim?

If you believe that your civil rights have been violated by a government official, you can file a claim under Section 1983.

This claim must be filed in federal court, and you will need to show that the violation occurred while the officer was acting under color of law. You will also need to show that the violation resulted in some kind of harm, such as physical injury, emotional distress, or financial damages.

If you are successful in your claim, you may be able to recover damages from the government.

If you have been the victim of a civil rights violation, call the experienced lawyers at Niemeyer, Grebel and Kruse today at 314-241-1919. We will review your case and help you get the compensation you deserve.

What is the statute of limitations on Section 1983 claims?

There is no federal statute of limitations for Section 1983 claims. Instead, statutes of limitations are set on a state-by-state basis.

This means that you will need to file your claim within the applicable state deadline in order to have your case heard by the court. In Missouri,  the statute of limitations for Section 1983 claims is three years.

The experienced lawyers at Niemeyer, Grebel and Kruse can help you determine the applicable statute of limitations in your case and make sure that your claim is filed on time. Call us today at 314-241-1919 for a free consultation.

How much can I recover from my deprivation of rights claim?

If you are successful in your section 1983 claim, you may be able to recover compensatory damages and punitive damages.

Compensatory damages are designed to compensate you for your losses, such as medical bills, lost wages and pain and suffering. Punitive damages are designed to punish the government agency that violated your rights and deter future violations.

The amount of damages you can recover will depend on the facts of your case.

Experienced civil rights lawyers on your side

The lawyers at Niemeyer, Grebel and Kruse have years of experience handling Section 1983 claims. We have a proven track record of success in civil rights cases, and we will fight to get you the compensation you deserve.

Call us today at 314-241-1919 for a free consultation. We will review your case and help you decide if filing a claim is the right option for you.