Under the 1871 Civil Rights Act, which is codified in federal law under 42 U.S.C. § 1983, people can sue the government for violations of their civil rights. Civil rights lawsuits are commonly called Section 1983 lawsuits, which is a reference to the federal law.
There are two requirements for a civil rights claim. First, a person must act "under color of" a state or local law. This is usually a police officer or another member of law enforcement. Second, a person acting “under color of” state law deprives a person of a right under the U.S. Constitution or federal law. These Some types of civil rights lawsuits include false arrest, excessive force and malicious prosecution, to name only a few claims.
If were a victim of misconduct by law enforcement, contact Hendry Bell and Andrew Stengel for a consultation: info@nypdharassment.
