DALLAS-FORT WORTH TEXAS CIVIL RIGHTS ATTORNEY

Unfortunately, in today’s society we encounter governmental actors who violate constitutionally guaranteed civil rights of citizens. The U.S. Constitution is the supreme law of the land that guarantees your most significant civil rights and liberties.

The most important federal law used to protect your constitutional rights against government misconduct is 42 U.S.C. Section 1983. Section 1983 provides a means for private citizens to sue the government and its employees for the deprivation of their civil rights by violation of a particular federal law or the U.S. Constitution.

Section 1983 is a remedial statute authorizing a civil action against defendants who act under color of state law and violate rights otherwise secured under federal law. The statute confers no substantive rights. Consequently, there is no such thing as a section 1983 violation, absent a deprivation of a right secured under another law. Therefore, to be successful, a section 1983 claimant must identify the federally protected right that has been violated.

At times, a Section 1983 claim may be the only way to protect yourself against abuse and other violations by State, County, or City Officials. Generally, the government is immune from tort liability in Texas, with few exceptions.

Common Examples of Section 1983 Cases

• First Amendment claims involving your right to freedom of speech, religion, and association;
• Fourth Amendment claims involving your right to be free from false arrest, illegal detention, malicious prosecution and intentional police abuse;
• Eighth Amendment claims involving your right to be free from cruel and unusual punishment;
• Fourteenth Amendment claims involving your right o be free from deprivations of life, liberty, or property without procedural due process.

Pursuing constitutional claims against governmental actors can be a complex and lengthy process. Section 1983 litigation is an area of law that is regularly practiced by very few attorneys. Even fewer are successful on these types of cases.

If your federal constitutional rights have been violated, then call our ARLINGTON TEXAS CIVIL RIGHTS ATTORNEY for a free consultation at (817) 768-1819.