As discussed in prior blogs, Section 1983 is the most often used vehicle to bring civil rights claims against government officials. Section 1983 allows an individual to bring a claim for money damages against government officials who violate their constitutional rights. Assuming the plaintiff is able to overcome all the hurdles required to get their...Read More

State and local government officials can be sued for money damages in their individual capacity if they violate a person’s constitutional rights. 42 U.S.C. § 1983 provides the statutory vehicle for suing state actors acting under the color of state law. When an official acting under the color of federal law is involved, a plaintiff...Read More

As most know, the Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures at the hands of government officials. When an individual’s Fourth Amendment rights are violated, they are able to bring a claim against government officials for monetary damages. We often handle cases where governmental officials armed with a...Read More

Section 1983 is a federal statute, which provides private citizens with a way to address violations of federal constitutional and federal statutory rights by persons acting under the color of state law. The Supreme Court has created an implied cause of action – a Bivens claim – when the actors act under the color of federal law. Bivens...Read More

Introduction Over the last few days, I have had several people ask me to explain Section 1983 lawsuits.  “Section 1983” refers to 42 U.S.C. Section 1983, which provides an individual the right to sue state government employees for civil rights/constitutional violations. Many of these cases involve violations of rights such as the Fourth Amendment (unreasonable...Read More