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North and South Carolina residents suffer civil rights violations often, like police brutality or police misconduct. Those are just two examples of police using their authority illegally to violate your rights. Fortunately, you can seek justice with a Section 1983 claim, and an experienced civil rights attorney can help you fight back.
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What Is a Section 1983 Lawsuit?
A Section 1983 claim arises when someone who is acting under the color of law illegally deprives you of your civil rights. Section 1983 claims allow you to sue police officers and government officials for civil rights violations and are a powerful tool for seeking justice and trying to achieve police accountability.
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What Are the Most Common Section 1983 Civil Rights Claims?
Some of the most common Section 1983 violations stem from police officer misconduct. Examples include:
• Wrongful arrest - purposefully arresting someone without a lawful reason
• Wrongful no-knock execution of a search warrant
• Falsifying evidence - planting, altering, or fabricating evidence to frame someone
• Excessive force - also known as police brutality
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What Must Be Proven to Establish a Section 1983 Violation
To prove a Section 1983 violation, you must generally prove two things.
1) The defendant acted under the “color of law.” That means they’re using their position of legal authority to imply they are acting lawfully when, in fact, they’re acting illegally.
2) Their action or inaction deprived you of your rights.
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What Is a Monell Claim?
Related to a Section 1983 Claim, a Monell Claim requires more than proving that a person acting under “color of law” violated your rights. To prove government liability in a Monell Claim, you must prove that an official policy or process of the government contributed to or directly led to your civil rights being violated.
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How Can a Civil Rights Attorney Help With My Section 1983 Claim?
A civil rights lawyer can help you with your Section 1983 lawsuit by:
• Advocating for your rights
• Providing objective advice
• Conducting research and analysis
• Investigating law enforcement reports, recordings, policies, and practices
• Filing a complaint in state or federal court if needed
• Conducting discovery to find evidence
• Reviewing medical examiner or autopsy reports
• Negotiating possible resolutions
• Representing you in court if needed
If you, or a loved one, have been victims of civil rights abuses in North Carolina or South Carolina, you may need an experienced civil rights attorney. Over 65,000 people have trusted the Law Offices of James Scott Farrin for high-quality representation. For more than 25 years, we’ve been fighting for justice. Contact our caring and compassionate team for a free, no-obligation case evaluation.
Get in touch immediately. A real person is available to help day or night, seven days a week.
For assistance in English: 1-866-900-7078
For assistance in Spanish: 1-800-968-5342
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Attorney Michael Shepherd: 555 South Mangum Street, Suite 800, Durham, North Carolina.