42 U.S.C. § 1983
If a government official or private individual is responsible for depriving you of a constitutionally protected right while acting under the color of law, you are authorized to sue for damages under 42 U.S.C. § 1983. To succeed in a 1983 lawsuit, you must show that the defendant violated a clearly established right.
For example, section 1983 lawsuits often involve claims for violations of the right to free speech under the First Amendment due to local governments enacting permitting schemes that restrict citizens' ability to assemble, or arresting peaceful demonstrators.
The Fourth Amendment protects your right to be free from unreasonable search and seizure. Lawsuits under the Fourth Amendment generally involve claims for false arrest, excessive force, malicious prosecution, and other forms of police misconduct.
The Fifth and Fourteenth Amendments protect your right to equal protection under the law, and prevent discrimination by local, state, and federal government. The Due Process Clause of those amendments requires governments to provide due process before depriving you of any liberty or property interest.
Other lawsuits under section 1983 involve claims arising from inhumane prison and jail conditions, the infliction of cruel and unusual punishments, violations of the establishment clause. If you believe your rights have been violated, fill out the client intake form to have your case reviewed.
Workplace discrimination is prohibited by Title VII of the Civil Rights Act, the Americans with Disabilities Act, 42 U.S.C. § 1981, the Age Discrimination in Employment Act. If you are having problems at the work place it is important to consult with an attorney as early as possible so that you can take steps to protect your rights.
In addition to prohibiting discrimination based on a physical or mental disabilities, the Americans with Disabilities Act requires employers to provide reasonable accommodations for employees suffering from a disability. If you believe your employer is mistreating you, you should contact a lawyer to learn what protections you might be entitled to, and how to protect yourself.
The Americans with Disability Act and Fair Housing Act prevent discrimination in housing and zoning. These statutes guard against 'not in my back yard' decisions in where mental health and rehabilitation facilities are forced out of residential neighbors solely because of the unjust stigma associated with them.
Georgia law sometimes provides alternative avenues of recovery against governmental wrongdoing. In some cases, bringing claims under Georgia law presents advantages over federal statutes.
If you have a claim against any municipality or governmental agency, you must provide notice claim within 6 months of the date of your injury. While notice is not required for a lawsuit under section 1983, certain claims will be waived if you fail to comply with the six month deadline.
Filipovits Law Firm, P.C.