In the United States, federal law (42 U.S.C. Section 1983) makes it unlawful for anyone acting "under color of law" to deprive another person of his or her constitutional rights. This includes the use of excessive force or lethal force leading to injury or death, unlawful arrest, and improper search and seizure. The law applies to governmental authorities, including police officers, sheriffs, correctional facility officers, and others. While most officers act in accordance with the law, each year there are cases where people acting under color of law violate the law and cause serious harm and even death. Section 1983 is intended to hold bad actors accountable for actions that are excessive and unreasonable.
If officers use excessive force in violation of the victim's Fourth Amendment right against unreasonable seizure, Section 1983 allows victims or their surviving family members to file a civil lawsuit against them in court. The victim or family member may seek damages for harm, injuries, and even for wrongful death.
The outcome of such cases will depend heavily on the facts of each case. A judge or jury will have to decide whether the person acting under the color of law in fact used excessive force or whether the use of such force was reasonable under the particular situation. For this reason, it's important you consult an attorney to evaluate the merits of your case. If you believe your rights have been violated, please contact us for a free case evaluation.
We provide quality representation to clients in the following areas of law:
Personal injury law allows an injured person to go to civil court and get a legal remedy (damages) for all losses stemming from an accident or other incident. The purpose of the personal injury system is to allow the injured person to be compensated financially or "made whole" after he or she has suffered harm due to someone else's carelessness or intentional conduct.
Wrongful death claims are brought against a defendant who has caused someone's death. Wrongful death claims allow the estate and/or those close to a deceased person to file a lawsuit against the party who is legally liable for the death. Though each state's wrongful death laws vary, these kinds of lawsuits are usually filed by a representatative of the deceased person's estate, often on behalf of surviving family members affected by the death.
Other areas of practice include:
We currently have two offices serving clients in Northern and Southern California.
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