If you or a loved one have suffered serious injuries or are facing the sudden loss of a family member stemming from the negligent actions of a government official (e.g., police or law enforcement officer, prison guard, school administrator, teacher, coach), you may be considering whether to bring a lawsuit against the responsible parties.
In recent years, many cases involving police brutality and excessive force have made the headlines.Last year, a couple filed a civil rights action (e.g., a Section 1983 lawsuit) against the City of Phoenix when officers allegedly used excessive force and threatened to shoot them. Dravon Ames and his fiancée Lesha Harper, who was pregnant at the time, were with their daughters (a one-year-old and a four-year-old) when police suddenly stopped them after leaving a store. When Phoenix police reached the family, an officer took hold of Ames, pushed him to the pavement, and arrested him. Ames was later kicked and punched in the back. The family is now seeking $10 million in reparations for the injuries and threats. In 2015, Freddie Gray, who was 25 years old at the time, died from severe neck injuries he suffered as a passenger in the back of a police van. Gray was handcuffed and not secured with a seatbelt. Five months after Gray’s death, his family settled with the City of Baltimore for $6.4 million. That same year, the family of Walter Scott brought an action against the City of North Charleston when an officer shot Scott in the back and killed him. His family settled with the city for $6.5 million. These cases show that damages are recoverable in Section 1983 lawsuits. However, Section 1983 lawsuits are extremely complicated, and past results do not guarantee any future outcome. Whether you've already made up your mind to pursue a claim or want to gather additional information before making the decision, our lawyers can answer your questions and explain your legal options. For more information, contact the attorneys at the Terry Bryant law firm by calling 713-973-8888 or (800) 444-5000.
How Can a Section 1983 Lawsuit Protect Your Rights?
A Section 1983 claim comes from the Civil Rights Act of 1871 (42 U.S.C. § 1983). It gives victims an avenue to file lawsuits for civil rights violations and wrongful deaths resulting from police misconduct and excessive force, for example. Section 1983 lawsuits are not your typical lawsuits, and there are very few personal injury lawyers comfortable handling them. Unlike the negligent defendant in a more traditional personal injury matter, government officials are covered by a powerful veil that generally protects them from injured parties bringing lawsuits against them, with few exceptions. This protection is referred to as “immunity.”Clearing the First Hurdle: Qualified Immunity
There are two types of immunity: absolute and qualified immunity. Only a limited group of individuals enjoy the protections of absolute immunity, such as the president, legislators (immune for actions taken within the scope of legislative authority), or judges carrying out official judicial duties. Police and law enforcement officers, along with other officials, enjoy qualified immunity, which means that they can’t be sued when performing official duties unless they violate “clearly established” constitutional rights or act in a grossly unreasonable fashion.The Burden of Proof Falls Upon the Victim
When an injured party decides to bring a lawsuit against a government official, such as a police officer, the injured party has the burden to prove the elements of his or her case with facts, evidence, and legal proof. To be successful, the victim must prove by a preponderance of the evidence (1) that the offending conduct occurred under color of state law, and (2) that this conduct deprived the plaintiff of the rights, privileges, or immunities guaranteed under federal law or the U.S. Constitution. However, when faced with a Section 1983 lawsuit, the law enforcement officer and other officials will generally try to get out of it by raising the affirmative defense of “qualified immunity.” Once the government official invokes the qualified immunity defense, the burden will shift to the victim.It will be the victim's duty to defeat the defense by using analogous cases or proving the conduct was so plainly egregious that no reasonable police officer could have thought he or she was acting lawfully.If the constitutional right the officer is accused of violating was not “clearly established under federal law” when the right was allegedly infringed, the victim would not be able to meet his or her burden, and the government official will escape liability through the qualified immunity defense. Establishing that a right was “clearly established” at the time it was violated is a difficult hurdle that the victim will have to overcome. If the government official is denied immunity, that individual will be allowed to appeal that initial decision before trial.