Suing Government Officials For Civil rights violations
Suing the government for violating your constitutional rights is most often called a “civil rights” lawsuit, but it is also sometimes called a “§ 1983” lawsuit or a “deprivation of rights” lawsuit.
Regardless what you call them, they mean the same thing: you are suing the government because you are claiming they hurt you, harmed you, or violated your constitutional rights in some way.
The reason these suits are called “§ 1983s” is because of 42 U.S.C. § 1983 of the Civil Rights Act of 1871. This federal law allows individuals to sue state and local government officials, including law enforcement, for violations of their constitutional rights. These lawsuits often involve claims of police misconduct, excessive force, and other civil rights abuses.
Every American is entitled to the protections of the U.S. Constitution and the Bill of Rights. The rights outlined in these documents are designed to protect individuals from abuses of power by the government.
Specifically, § 1983 provides a pathway to hold government officials accountable when they overstep their legal authority and infringe on your individual rights and personal freedoms. This usually includes some form of abuse of power, including:
Excessive Force - One of the most frequent civil rights claims involves law enforcement officers using excessive force during arrests or encounters.
Unlawful Arrest or Detention - This includes arrests which lack probable cause, resulting in the unlawful loss of liberty in violation of the 4th and 14th Amendments.
Misconduct - If police or other government agency engage in racial profiling, retaliation, or fail to provide necessary medical attention are all forms of possible illegal misconduct.
Denial of Due Process - When individuals are deprived of life, liberty, or property without fair procedures, often called due process. This can include unfair disciplinary actions in public employment or deprivation of rights in state and local jails and prisons.
Note that these are just some of the many possible § 1983 claims available to you if you think the government has overstepped its authority and violated your rights. If the government has treated you unfairly and in a way that you think might be illegal, we are happy to take your call and hear your story.
Why we defend civil rights Cases
We believe it is crucial to hold government agencies accountable when they violate the very rights they are entrusted to protect.
Section 1983 lawsuits serve as one of the most powerful tools for ensuring that those in positions of authority—especially law enforcement—do not abuse their power.
When government actors infringe on constitutional rights through misconduct, excessive force, or discriminatory practices, the integrity of our legal system is at stake.
These cases are not just about seeking justice for individuals; they are about upholding the rule of law and maintaining public trust in the institutions meant to serve and protect all of us.
Without this vital legal mechanism, government officials could (and often still do!) act with impunity, slowly eroding the Constitution and the rights and freedoms that are the cornerstone of our society.
By pursuing deprivation of rights cases under § 1983, we send a clear message to government officials throughout the region: no one is above the law, and every citizen’s constitutional rights must be respected.
Our Current 1983 Cases
What You need to know about Suing the Government
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There is no absolutely no cost to hiring us to represent you in a civil rights lawsuit.
We take these cases on what is called a contingency basis. This means that you never pay out of pocket for us to represent you.
Should your case win and a court finds your rights were violated, you will win a sum of money. As payment for filing and winning the lawsuit, we take a percentage of your winnings - usually 33%.
If your case loses, you owe nothing. In other words, there is no monetary risk to you and you will only pay an attorney fee if you win.
For this reason alone, if you've been wronged by the government, there is no reason to not contact us to see if we can help.
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The short answer is yes, these lawsuits are difficult to win. But they're not impossible.
One of the primary hurdles is due to something called qualified immunity.
This is a legal doctrine that protects government officials from liability unless it is "clearly established" that their actions violated constitutional rights.
This means plaintiffs must show not only that their rights were violated, but also that a reasonable officer would have known they were acting unlawfully at the time they did. Courts set a high bar for proving this, which can make it difficult to prevail.
Additionally, the burden of proof rests heavily on the plaintiff to demonstrate that the misconduct was intentional or reckless, rather than a mistake or error in judgment. Law enforcement officers and government officials are given considerable discretion in their roles, and courts often trust their decisions, especially in high-pressure situations.
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Basically any state and local government official, such as police officers, prison guards, or other public employee who has violated your rights.
Notably, however, § 1983 actions do not apply to federal officials. They can only be sued under even more narrow circumstances based on a U.S. Supreme Court case called Bivens.
Either way, if any government official has violated your rights, call us and we'll see if we can help.
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The statute of limitations for filing a § 1983 claim is usually based on the state’s personal injury laws.
In North Dakota, the statute of limitations for most § 1983 civil rights violations is six years. In Minnesota, the statute of limitations is either two or six years, depending on the case.
Note these are not hard and fast rules, nor do these time periods apply to all types of government misconduct. So to be safe, the sooner you file your claim, the better. It's always easiest to prevail when details are fresh in your mind.
In short, while you have a decent amount of time to sue under § 1983, we think the best practice is to sue as soon as possible.