Every citizen in this country deserves to be treated fairly and equitably, and the government and its employees have a duty to respect your civil rights. The Kentucky civil rights lawyers at Minner Vines Moncus Injury Lawyers have extensive experience standing up for those whose rights have been violated by overzealous law enforcement officers and other public officials. We know that civil rights matters are a serious issue in Kentucky, and we’ve seen firsthand how individual’s lives have been impacted by police shootings, excessive force by law enforcement, prison or jail abuse, and other types of violations.
Fortunately, the law allows those whose rights have been violated to seek answers, accountability, and fair compensation, under 42 U.S.C. § 1983, or more commonly referred to simply as Section 1983. If you believe your rights have been violated, we’ll be here to help. Call us or contact us online for a 100% free and confidential consultation.
What is Section 1983?
If your legal rights were violated, you could be eligible to bring a civil rights lawsuit under Section 1983. You would need to show that the defendant (often a law enforcement officer or another individual or entity) was acting “under the color of law.” This means that the individual or agency must have been acting in an official government capacity. For example, you cannot bring a claim under Section 1983 against a neighbor, co-worker, or another individual that was not acting in an official government role.
Section 1983 is a federal law, but it applies to agencies and employees at the state and local level as well. This means that you could bring a Section 1983 lawsuit against a state trooper, city police officer, or another agency or employee if they violated your rights.
What Compensation is Available in a Section 1983 Lawsuit?
Depending on the specifics of your case, you could be eligible to recover significant compensation through a Section 1983 lawsuit. If your claim is successful, you could recover:
- Injunctive Relief – The court might require or forbid the individual or agency from taking a specific action
- Compensatory Damages – The victim could get compensation for their losses, including medical bills, pain and suffering, and more
- Punitive Damages – This form of compensation is awarded to the victim not for calculable losses due to the incident, but to punish the defendant for wrongful actions.
What Are Some Examples of 1983 Lawsuits?
While there are instances where police officers have to use force to subdue a suspect, keep someone from fleeing a crime scene, or stop them from injuring others, they are required to only use reasonable force when doing so. The force used becomes “excessive” when it goes beyond what is necessary to achieve the end goal and is not what another officer would have reasonably used in the same situation.
Some examples of civil rights violations that could be brought as 1983 lawsuits include:
- Excessive force resulting in personal injury
- Excessive force resulting in wrongful death
- Unlawful search and seizure resulting in personal injury
- Unlawful search and seizure resulting in wrongful death
Some of the most common severe injuries include traumatic brain injuries, broken bones, neck injuries, soft-tissue injuries, burns (from tasers), among others.
Contact a Kentucky Civil Rights Violations/1983 Claims Lawyer
The Kentucky civil rights lawyers at Minner Vines Moncus Injury Lawyers are here to stand up and protect your rights. We will be ready to hold the appropriate agency accountable and will aggressively seek the answers and compensation you deserve. Call us or reach out to us online for your no-cost case evaluation now.