Civil Rights & Constitutional Law
East Liverpool pays $316,500 settlement to Chris Green in First...
February 25, 2025
• Practice Areas • Practices • Section 1983 Litigation: Holding Government Officials Accountable for Constitutional Violations
Section 1983 is a federal law that allows people to sue for civil rights violations. It reads, in part:
“Every person who, under color of [state law], subjects… any citizen of the United States… to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable…”
Simply put: If a government actor violates your constitutional rights while acting in their official capacity, you may be able to sue them in court.
This statute covers many types of misconduct, including:
Excessive force by police (Fourth Amendment).
Inmate abuse or denial of medical care (Eighth and 14th Amendments).
Employment retaliation against public employees for whistleblowing.
Qualified immunity is a judge-made legal doctrine—not found in the statute—that shields officials from liability unless their misconduct violated “clearly established” law.
This is often the biggest hurdle in Section 1983 cases against individual government employees. Courts require that prior case law be highly similar ("beyond debate" before a right is considered clearly established. Even egregious conduct can escape accountability because no past case involved similar enough facts. That's a highly subjective test.
This has led courts to dismiss even strong constitutional claims, based on minor factual distinctions.
You can't sue a city just because one of its employees violated your rights. That’s because there’s no vicarious liability under Section 1983.
Instead, to hold a city or county liable, you must show a policy, custom, or practice—known as Monell liability, after the 1978 Supreme Court case. That includes:
An official policy or regulation that caused the violation.
A pattern of unconstitutional conduct that officials ignored.
Failure to train or supervise staff.
Ratification of misconduct by a final decisionmaker.
These cases are complex and document-intensive. They often require showing multiple similar incidents to prove a pattern. That can mean trying to prove multiple cases, and not just your own.
If your Section 1983 claim succeeds, you may be entitled to:
Compensatory damages (including economic and emotional harm).
Punitive damages (in some cases).
Attorney fees (under 42 U.S.C. § 1988).
Injunctive or declaratory relief.
You need not always show physical injury. Violations of rights themselves are actionable—even if the harm is emotional, reputational, or financial. But the greater the measurable damages, the more likely a law firm is to take your case on a contingency arrangement.
Served as co-counsel in securing the record $6,000,000 settlement for the estate and family of Tamir Rice, the 12-year-old boy shot by Cleveland police in 2014.
Obtained $1,000,000 in settlements for peaceful protestors at the Republican National Convention.
Secured a $250,000 settlement for a young man with Down syndrome who was assaulted by Cleveland police officers, highlighting systemic issues in police discipline.
Secured six-figure settlements for families of inmates denied adequate medical care, leading to institutional scrutiny and reform.
Section 1983 cases are difficult. Courts often bend over backward to dismiss them—especially when only “low” damages are involved.
At The Chandra Law Firm LLC, we bring decades of experience in public- and private-sector civil-rights litigation, including nationally prominent cases like the police killing of 12-year-old Tamir Rice. Led by a former federal prosecutor and city attorney, we have experienced these cases from defense, plaintiffs', and even mediation perspectives.
We know how to build these cases carefully—from preserving key evidence to defeating motions for qualified immunity. And we know how to find the patterns that show unconstitutional customs and practices—especially in police, jail, and other public-safety contexts.
If your federal constitutional or civil rights have been violated by government officials or employees, contact The Chandra Law Firm LLC today.
We’ll evaluate your case and—if the law and facts support it—pursue justice on your behalf.
At Chandra Law, your case is our cause.®
This page is for general information and is not legal advice. Legal outcomes depend on specific facts and laws. Please consult an attorney to assess your individual case.