Civil actions against government actors for violating constitutional rights.
We have successfully represented plaintiffs and defendants in Section 1983 cases. 42 U.S.C. Section 1983, commonly referred to as Section 1983, is the federal law that allows an individual to bring a civil case against state and local governments and their employees for violating constitutionally protected rights.
There are two requirements for a Section 1983 claim. First, the alleged wrongdoing must be the result of state action. State, municipal, and county employees are state actors for purposes of Section 1983; a police officer who uses excessive force is one example.
Second, the alleged wrongdoing must have been done under color of law. This means the action was taken while clothed in official authority. This can be contrasted with a purely personal altercation unrelated to an official's authority or duties.
Section 1983 claims may be brought in either federal or state court.
Under 42 U.S.C. Section 1988, parties who prevail under Section 1983 are entitled to reasonable attorneys' fees. This fee-shifting provision often makes it possible for the injured person to pursue cases that would otherwise not be cost-effective. Punitive damages may also be recoverable in Section 1983 claims.
State actors are only liable for violations of constitutional rights where those rights are clearly established. Overcoming the defense of qualified immunity is frequently one of the biggest hurdles in a Section 1983 case.
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OfficeDanks Miller & Cory PA
213 South Lamar Street
Jackson, MS 39201
Phone601-957-3101
En Español601-326-3000 — Sitio en español
Fax601-957-3160
HoursMonday to Thursday, 8:30 a.m. to 5:00 p.m.
Friday, 8:30 a.m. to 4:30 p.m.
