If your constitutional rights have been violated, you may be entitled to bring a legal action against the government to recover for your injuries. Federal law allows you to recover for violations of your constitutional rights under 42 USC §1983, but this statute is merely a gateway for bringing your claim. You must still identify the specific constitutional right which has been violated, and comply with the requirements of bringing a claim under both the 1983 statute and the underlying constitutional rights violation.
It’s important to understand that claims alleging a violation of a constitutional right must be brought against a governmental agency or a governmental employee acting within a governmental capacity. Individuals acting in a private capacity are not subject to liability under this statute for a violation of your constitutional rights, although they may be liable in another context.
Additionally, you must prove that you have suffered some sort of tangible injury as a result of the constitutional rights violation. The mere fact that your right was violated, on its own, is not enough to establish a claim.
Constitutional rights cases can be complex, but the attorneys at the Sinas Dramis Law Firm are available to help, and they have the experience and knowledge necessary to make sure that your rights are protected and you obtain the compensation you deserve. Understanding your rights and knowing when you might have a valid claim is the first step. In this section, we help you know the law on protecting your constitutional rights.