The U.S. government does not have unlimited power over citizens. Constitutional protections safeguard our rights. While federal, state and local governments often have immunity from civil litigation claims, if government officials overstep their authority, victims may be able to file a lawsuit for the damages that result.
Section 1983 Lawsuits
A statute primarily known as "Section 1983" prohibits any official or government agent from depriving an individual of his or her rights under federal or constitutional law. Under Section 1983, you can sue to recover damages against an officer, a prosecutor or a government agency that violated your rights. Common claims under Section 1983 include lawsuits against police officers for using excessive force or arresting a citizen without cause. Other representatives of the government, acting in an official capacity, may also have violated your federal, state and constitutional protections.
In most cases, prosecutors have "prosecutorial immunity," meaning that they cannot be sued by criminal defendants. However, when a prosecutor attempts to obtain a conviction against you without cause simply to harass you or to ruin your reputation, it is malicious prosecution. In some cases, this behavior can be so outside the realm of acceptable behavior that the prosecutor no longer has immunity.
While these cases can be difficult to prove, if a prosecutor has violated your federal protections, it is important to hold that individual accountable. Contact our office for a free consultation at 484-842-4030 to discuss your rights and your situation.
We Can Defend Your Civil Rights Against All Abuses Of Power
U.S. laws grant you numerous rights, although you often have to proactively assert those rights or risk losing them. At Weisberg Law, we make it a priority to level the playing field against abuses of power, regardless of the source. We have helped individuals in lawsuits involving:
- Wrongful imprisonment: Were you held against your will, in violation of criminal procedure or in excess of your sentence term?
- Violation of due process: Did procedural violations result in the wrongful revocation of your license, liberty or property?
- Violation of equal protections: Were you subjected to misconduct due to your race, ethnicity, disability, religion or membership in a protected class?
- First Amendment violations: Were you arrested in a protest? Your First Amendment rights grant you the right to free speech, to assemble and to protest.
Call Now For A Free Consultation
It costs you nothing to meet with us to discuss your situation and potential legal options. Call us at 484-842-4030 or toll free at 866-570-6945. You can also schedule your consultation here. We respond to inquiries within 24 hours.