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Practice Areas • Practices • Section 1983 Litigation: Holding Government Officials Accountable for Constitutional Violations

Section 1983 Litigation: Holding Government Officials Accountable for Constitutional Violations

Section 1983 gives individuals the right to sue state and local officials and employees—including police officers, jailers, prosecutors, mayors, and even cities—when they violate federal constitutional or statutory rights.


What Is Section 1983?

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:


What About Qualified Immunity?

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.


What About City or County Liability?

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.


What Remedies Are Available?

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.


Selected Results in Section 1983 Litigation

  • 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.

  • Obtained an almost $1,000,000 settlement for a police lieutenant who faced First Amendment retaliation after being perceived as blowing the whistle on dubious police ticketing practices.

  • Prevailed at the Sixth Circuit Court of Appeals and then obtained a nearly $1,000,000 settlement in a First Amendment–retaliation case involving the politically motivated firing of a fire battalion chief, establishing key precedent.

  • Obtained a consent decree and other court judgments in voting-rights litigation against various voter-suppression schemes by the Ohio General Assembly and Secretary of State
  • 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.

  • Note: past results are no guarantee for any future individual case. Each case has to be assessed on its own merits and circumstances.

Caveats

  • Judges and prosecutors have absolute immunity (another judge-made-up concept) for work they've performed in their official roles. Even truly horrifying and corrupt work. Exceptions are rare.

  • You can't sue states for damages because of immunity under the 11th Amendment to the Constitution. But there may be ways to sue individual state officials or departments, and one can obtain injunctive relief from future violations.


How We Can Help

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.

Contact Us

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.

Making the right choice in legal representation can make the difference in whether you achieve a result that protects your legal rights and best interests.

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