Northeastern PA Civil Rights Attorneys
Have Your Civil Rights Been Violated? Understanding Section 1983 Lawsuits in Pennsylvania
The United States Constitution guarantees fundamental rights and protections to every American. Unfortunately, government officials and agencies sometimes overstep their authority, violating the very rights they are sworn to uphold. If your civil rights have been violated, you may be able to file a lawsuit to recover compensation for your losses and hold the responsible parties accountable.
At Sklarosky Law, we represent individuals across Pennsylvania whose rights have been infringed upon by law enforcement, prisons, and other government entities.
What Is a Section 1983 Lawsuit?
Many civil rights claims are brought under 42 U.S.C. § 1983, a federal law passed as part of the Civil Rights Act of 1871. A Section 1983 lawsuit allows individuals to sue when a state or local official violates their constitutional rights.
These lawsuits often arise in cases involving:
- False arrest
- Excessive force or police brutality
- Malicious prosecution or abuse of process
- Denial of medical care in custody
- First Amendment violations (speech, assembly, religion)
- Fourteenth Amendment violations (due process, equal protection)
Importantly, Section 1983 does not create rights on its own — it provides a legal process for individuals to enforce their federal rights in court.
Who Can Be Sued Under Section 1983?
To bring a successful Section 1983 lawsuit, the defendant must have acted “under color of state law.” This means they misused authority granted to them by the state.
Common defendants in civil rights cases include:
- Police officers and chiefs of police
- Sheriff's deputies
- Prison guards and wardens
- Local government officials
- Municipalities (cities, counties, school districts) when policies or customs cause violations
What Damages Can You Recover?
Victims of civil rights violations may be entitled to monetary damages and injunctive relief (court orders to stop unlawful conduct).
Possible compensation includes:
- Medical expenses
- Lost wages and reduced earning capacity
- Attorney's fees and litigation costs
- Pain and suffering
- Punitive damages (in cases of reckless or callous misconduct, though not against municipalities)
How Long Do You Have to File?
In Pennsylvania, civil rights claims under Section 1983 must be filed within two years of the violation. Missing this statute of limitations could prevent you from recovering compensation.
Immunity in Section 1983 Cases
Certain public officials may claim immunity from lawsuits:
- Absolute immunity applies to judges, prosecutors, and lawmakers for official acts.
- Qualified immunity applies to most other officials, shielding them from liability unless they violated a clearly established constitutional right.
Federal officials are generally not subject to Section 1983 lawsuits, but similar claims can be filed under the Bivens doctrine.
Protecting Your Civil Rights
Civil rights lawsuits are complex, requiring a detailed understanding of constitutional law and procedural rules. If you believe your rights have been violated by law enforcement or another government actor, it's crucial to speak with an experienced attorney immediately.
Contact Sklarosky Law Today
If you or a loved one have had your civil rights violated in Pennsylvania, call Sklarosky Law at (570) 283-1200 or use our online contact form to schedule a free consultation. We will evaluate your case, explain your options, and fight to protect your rights.