| |
|
| INSIGHT:
Title 42 Untied States Code, section 1983 has been interpreted to provide a remedy against all forms of official violation of federally protected rights.
Section 1983 provides that "every person" who under color of law subjects or causes to be subjected "any person" to the deprivation of any rights, privileges, or immunities secured by the constitution and laws shall be liable in damages or subject to equitable relief.
Section 1983 imposes liability for violations of rights protected by the Constitution, not for violations of duties of care arising out of tort law. Remedy for the latter type of injury must be sought in state court under traditional tort- law principles.
|
|
|
|
CASE SUMMARY:
- In this case, we represented a woman who had been assaulted by the Police. The Police forced themselves into a our client's home, uninvited, and assaulted her and her minor son. The Police handcuffed our client while her young son was watching the whole incident. The Police then realized that they had gotten the wrong house and handcuffed the wrong person. My client and her son suffered from serious emotional trauma as well as minor injury and bruises. We helped my client reach a sizable settlement.
|
|
