When government officials overstep their authority and violate your constitutional rights, the impact can be devastating—physically, emotionally, and legally. If you’ve been injured by police misconduct, wrongful arrest, denial of medical care while in custody, or another abuse of power, you may feel helpless. But you do have options. Section 1983 of the United States Code provides a powerful legal pathway to seek justice and hold government actors accountable for the harm they cause. At Ward and Smith, we help individuals pursue compensation and accountability when their civil rights have been violated by public officials. Our team has the legal knowledge and courtroom experience to take on complex civil rights cases and pursue justice for those who have suffered under the weight of unlawful government action.
Understanding Section 1983 and How It Protects You
Section 1983, found in Title 42 of the United States Code, is a federal law that allows people to sue state or local government officials who violate their constitutional rights while acting under the authority of law. This statute has become a key tool for enforcing protections granted under the U.S. Constitution, such as the Fourth Amendment’s ban on unreasonable searches and seizures, the Eighth Amendment’s protection against cruel and unusual punishment, and the First Amendment’s guarantee of free speech. What sets these cases apart is that they involve injuries caused by public officials, not private citizens. Whether it’s a police officer using excessive force, a jail ignoring medical needs, or a government employer retaliating against a whistleblower, Section 1983 is designed to give victims a voice and a legal avenue to fight back.
Types of Violations We Handle
Our law firm represents individuals in a wide range of Section 1983 matters, each involving serious harm and constitutional violations by those in positions of authority. Some of the most common cases we handle include:
- Excessive force by law enforcement, including beatings, tasings, and shootings that were unnecessary or unjustified.
- Wrongful arrest or detention without probable cause.
- Illegal searches of homes, vehicles, or persons without proper warrants or consent.
- Failure to provide necessary medical treatment to inmates or individuals in custody.
- Deaths that occur in jails, prisons, or during interactions with law enforcement.
- Retaliation against individuals who speak out against the government or report misconduct.
- Violations of due process, such as unfair hearings or disciplinary actions without proper notice or opportunity to be heard.
- Conditions in jails or detention centers that are unsafe, inhumane, or violate health and safety regulations.
- Cases where a city or county is liable due to policies or customs that led to the violation.
These cases are not only about individual rights—they’re also about the broader impact of unchecked government power. By holding officials accountable, we help prevent similar abuses from happening to others.
The Growing Crisis of Jail and Prison Misconduct
In recent years, reports of serious neglect and misconduct in detention facilities have grown. This is especially true in local jails, where overcrowding, lack of medical care, and poor oversight have led to alarming outcomes. People being held pretrial—who have not been convicted of any crime—are sometimes denied life-saving care or placed in dangerous conditions that lead to injury or death. Unfortunately, individuals with mental illness or substance use issues are among the most at-risk in these environments. The failure of jail staff to recognize or respond to crises can be deadly. When these failures rise to the level of constitutional violations, a Section 1983 claim may be the only way for victims or their families to seek justice.
Why Qualified Immunity Makes These Cases Challenging
Government officials are often protected by a legal doctrine known as qualified immunity. This means they can only be held liable if it’s clearly established that their actions violated a person’s constitutional rights. While this legal hurdle makes many civil rights cases more difficult, courts are increasingly allowing claims to proceed when the facts show obvious wrongdoing. For instance, federal appellate courts in our region—including the U.S. Court of Appeals for the Fourth Circuit—have recognized that when officers use deadly force against an unarmed person who poses no threat, that use of force may violate clearly established law. Our attorneys are familiar with the nuances of qualified immunity and know how to frame cases effectively to get past these defenses and move toward trial.
Holding Cities, Counties, and Agencies Responsible Under Monell
Section 1983 does not just allow lawsuits against individual officers or employees. In some cases, you may also be able to sue a local government entity—like a police department, sheriff’s office, or county jail—if the violation occurred because of a policy, custom, or failure to train employees. These are known as Monell claims, named after the U.S. Supreme Court case Monell v. Department of Social Services. To succeed in a Monell claim, you must show that the government’s own actions—not just a rogue employee—caused the harm. These cases are complex and require a strong understanding of internal government practices, but they are crucial for achieving systemic reform.
We Also Represent Whistleblowers and Retaliation Victims
In some civil rights cases, the harm involves not physical injury but retaliation for exercising free speech. Public employees, such as police officers, teachers, or government workers, may face demotion, termination, or harassment after reporting wrongdoing or speaking out on issues of public concern. Under the First Amendment, public employees have the right to speak as private citizens on matters that affect the community. If you were punished for doing so, you may have a valid claim under Section 1983. Our team is experienced in representing whistleblowers and protecting individuals who have taken a stand against corruption, discrimination, or dangerous government practices.
Compensation and Attorney Fees in Section 1983 Cases
In a successful Section 1983 lawsuit, you may be entitled to compensation for the harm you’ve suffered, including medical expenses, emotional distress, lost wages, and other damages. In particularly egregious cases, punitive damages may also be awarded to punish the wrongdoer. In addition, federal law allows prevailing plaintiffs to recover their attorneys’ fees under 42 U.S.C. § 1988. This helps level the playing field and ensures that those who have been wronged by powerful government actors can afford quality legal representation. Our firm handles many civil rights cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Our Approach to Civil Rights Litigation
These cases require urgency, preparation, and a deep understanding of both constitutional law and the practical realities of how government institutions operate. From the moment we take your case, we begin gathering time-sensitive evidence, including body camera footage, jail records, and eyewitness accounts. We work with respected experts in fields such as police procedures, forensic medicine, and corrections standards to build a strong and credible case. Our attorneys are highly familiar with the procedural requirements of filing in federal court and are not afraid to take on tough opponents in pursuit of justice.
Take the First Step Toward Accountability
No one should have to suffer because a public official failed to follow the law. If your rights were violated by someone in a position of government authority, you may have a powerful legal claim under Section 1983. At Ward and Smith, we believe in standing up for individuals who have been wronged by the systems meant to protect them. We offer confidential, no-obligation consultations so you can understand your rights and explore your legal options. Don’t wait—evidence can disappear quickly, and strict filing deadlines may apply. Contact us today to speak with an experienced civil rights attorney and begin the path toward justice and accountability.
On September 6, 2023, the Department of the Navy ("Navy") announced a framework for evaluating and potentially settling a limited number of claims brought under the Camp Lejeune Justice Act.
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Personal Injury and Wrongful Death
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