Federal statute 42 U.S.C. § 1983 is a portion of the Civil Rights Act of 1871 that gives citizens the ability to sue the government when a state or local official violates their civil rights, as outlined by federal and constitutional laws. Such claims are often referred to as “1983 lawsuits.”
Many inmates experienced unacceptably poor care during their period of incarceration or detention, to the point that it violates their constitutional rights. Common claims brought by prisoners and detainees are typically based on claims of inadequate food, overcrowding, poor or inaccessible medical care, and lack of access to legal libraries. In court, these claims are held to the standard of “deliberate indifference,” which requires plaintiffs to prove that the entity or official(s) in question made a conscious effort to deprive them of their constitutional rights or knowingly looked the other way when made aware of such issues.
This kind of civil rights litigation may be brought under the 8th Amendment by inmates who are currently carrying out their sentences, as well as under the 14th Amendment by those who are or have been in a period of pretrial detention.
Before “excessive force” was a hot-button term, it was a constitutional term. When making claims that a police officer or other member of law enforcement applied excessive force, plaintiffs must prove that the defendant physically seized them and that such seizure and force were not reasonable in that case. Not all instances of unwanted force and seizure are excessive or unreasonable, and police may show force when restraining a person who they have reason to believe may pose a threat to themselves or to others. However, they are not permitted by law to exercise more force than necessary to restrain the person in question.
Deadly force must also be justified by a similar rationale, and police who exercise deadly force must be able to defend their actions based on preventing bodily harm to themselves or a third party.
If you or someone you love has been a victim of police misconduct or deliberate indifference, connect with a member of our team at Bovo Law Group today. Our Denver civil rights lawyers are prepared to step in and provide you and your loved ones with the representation you deserve. We understand your rights and have the knowledge and skill necessary to craft a strong case on your behalf, and we are ready to fiercely plead your cause and help you pursue the justice you deserve.
Call to speak to a member of our team or send us a message to schedule your complimentary, confidential case review with one of our attorneys.
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