Frequently Asked Questions About Constitutional Rights & Civil Rights Litigation in New Jersey
What is a constitutional rights violation?
A constitutional rights violation occurs when a government official or public entity unlawfully infringes upon rights protected by the United States Constitution. Common examples include unlawful arrests, excessive force, malicious prosecution, denial of medical care while incarcerated, retaliation for exercising constitutional rights, and unlawful discrimination by government actors.
What is police misconduct?
Police misconduct occurs when law enforcement officers abuse their authority or violate an individual’s constitutional rights. Examples include excessive force, wrongful arrest, unlawful searches and seizures, fabrication of evidence, racial discrimination, malicious prosecution, and retaliation. When police officers exceed the limits of their lawful authority, individuals may have the right to seek relief under federal or state law.
What is 42 U.S.C. § 1983?
Section 1983 is a federal law that allows individuals to seek relief when a person acting under color of state law violates rights protected by the United States Constitution or federal law. It is the primary legal vehicle for pursuing claims involving police misconduct, unconstitutional jail conditions, excessive force, wrongful arrest, and other constitutional violations by government officials.
What is the New Jersey Civil Rights Act?
The New Jersey Civil Rights Act provides protections similar to those available under federal law and allows individuals to seek relief when their state or federal constitutional rights are violated by government actors. Depending on the circumstances, claims may be brought under federal law, state law, or both.
What is a Monell claim?
A Monell claim seeks to hold a municipality or other governmental entity responsible for constitutional violations that result from official policies, longstanding customs, or failures to properly train or supervise employees. These claims are often more complex than claims against individual officers and require proof that the constitutional violation was connected to the government’s own actions or inaction.
What rights do incarcerated individuals have?
Individuals in jail or prison retain important constitutional rights. Correctional officials have a duty to provide constitutionally adequate medical care, protect individuals from violence, avoid excessive force, and refrain from retaliation or discrimination. When those obligations are violated, an individual may have a claim under federal civil rights law.
What is deliberate indifference?
Deliberate indifference occurs when government officials know of a serious medical need or substantial risk of harm and consciously disregard it. It is more than negligence or medical malpractice; it involves a failure to provide constitutionally adequate care despite awareness of a serious risk.
What is malicious prosecution?
Malicious prosecution occurs when criminal charges are pursued without probable cause and in violation of an individual’s constitutional rights. These cases often involve fabricated evidence, misleading investigations, or prosecutions initiated or continued without a lawful basis.
What is an Equal Protection violation?
The Equal Protection Clause of the Fourteenth Amendment prohibits government officials from intentionally treating individuals differently based upon race, religion, national origin, sex, gender identity, or other protected classifications without lawful justification. Equal Protection claims may also arise from selective enforcement or other discriminatory government actions.
What is a First Amendment violation?
The First Amendment protects freedom of speech, religion, peaceful assembly, and the right to petition the government. Government officials may not retaliate against individuals for exercising these constitutional rights. Claims often arise when people are punished for speaking out, filing complaints, or engaging in other protected activities.
What compensation may be available?
Depending upon the facts of the case, individuals may be entitled to recover compensation for physical injuries, emotional distress, lost income, attorney’s fees, and other damages. In some cases, punitive damages or injunctive relief may also be available.
How long do I have to file a constitutional rights lawsuit?
Time limits vary depending on the type of claim and the applicable law. Because constitutional claims often involve strict statutes of limitation and important evidence can quickly disappear, it is important to consult with an attorney as soon as possible.