Constitutional Violation Claims

If your constitutional rights have been violated, you may be entitled to bring 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.