First Amendment free speech and Fourth (and 14th) Amendment excessive force are the most common claims we see under the federal civil rights statute, 42 U.S.C. Section 1983. In 1st Amendment cases \, injunctive relief is necessary and common, and ca often be achieved before any damages portion of the case. In 4th Amendment “force” cases or other police misconduct, for example, lack of probable cause arrests, many clients suffer great emotional distress, and must wait through the discovery and motions stages before getting their “day in court.”
You may have a Civil Rights claim if:
- You were injured in law enforcement event; or
- Your rights to participate in public events have been curtailed by actions of persons acting under color of state law, such as:
- Trespass notices issued without legal authority or excessively broad.
As a result you have suffered bodily injury, mental anguish, or denial of your constitutional rights.
Complicated / Subjective Law:
A negligence / gross negligence claim against a stage agency is limited under the tort claims act, which on its face purports to limit the Plaintiff’s recovery to $300,000 per occurrence, maximum of 2 occurrences. This amount was set in 1986 and is not adjusted upwardly annually, as are many other state law amounts, such as judgment exemption amounts. Feel free to write your representative about this “frozen in time” damages limitation.
Damages Recoverable:
Damages in defamation cases include personal injury (bodily injury), as well as emotional injury, and also injunctive relief. A plaintiff’s general damages are generally presumed from the nature of the claim, and are usually incapable of definitive calculation(s). Such damages include damage to reputation, mental suffering, hurt feelings, humiliation and other similar categories.
If you or someone you know thinks they may have been the victim of a Civil Rights violation, contact our firm at 864-527-5906 for a free consultation.
If we are not able to take your call, please leave a detailed and confidential message. We will quickly retrieve your message electronically and get back to you as soon as possible.