With the holiday season fast approaching, people get busy meeting with friends, family, and loved ones to celebrate Thanksgiving, Christmas, Hanukkah, New Year’s Eve, etc. While the holidays are a time of joy and celebration, they are also a time when some people decide to drink more than they should. With impaired judgment, some people…
When you buy something, you have certain expectations of how the product will work. The last thing most consumers expect is to be harmed by a product. Unfortunately, however, sometimes products are defective and can cause significant harm to unsuspecting consumers. What constitutes a defective product will often turn on very specific facts. This blog…
Las Vegas law firm Paul Padda Law, PLLC, LLP has filed a lawsuit in Clark County District Court against investment bank Morgan Stanley on behalf of Henderson, Nevada resident Susan King. Among other things, the lawsuit alleges fraud, conspiracy and intentional infliction of emotional distress. According to the complaint, Susan King, a single mother, was…
At Paul Padda Law, PLLC we believe in educating our clients to help them achieve maximum satisfaction during the personal injury claim and litigation process. For this reason, we often publish commentary addressing interesting aspects of personal injury (tort) law on our blog. This blog post addresses the concept of “hedonic” damages. While most people…
WHAT IS A 1983 ACTION?
Posting Date: April 14, 2022
A “1983 action” refers to a civil lawsuit filed under section 1983 of the United States Code. This section provides individuals with the ability to sue state or local officials, including police officers and prison guards, who violate their constitutional rights. In simpler terms, it means that if a government employee, such as a police officer or prison guard, violates your constitutional rights, you can sue them for damages in a federal civil court.
The 1983 action is a powerful tool for individuals who have had their constitutional rights violated by government employees. This includes cases of police brutality, wrongful imprisonment, and violations of due process. The section was enacted in 1871 as part of the Civil Rights Act and was originally intended to provide protection for newly freed slaves. However, since then, it has been used to protect the civil rights of all individuals. One of the most famous examples of a 1983 action is the case of Rodney King. In 1991, Rodney King was beaten by Los Angeles police officers following a high-speed chase. The beating was captured on video and sparked widespread outrage. In the aftermath, King filed a 1983 action against the police officers involved. The case went to trial, and the officers were ultimately acquitted of criminal charges. However, King was awarded $3.8 million in damages in his civil suit. Another example of a 1983 action is the case of Terence Crutcher. In 2016, Crutcher, an unarmed black man, was shot and killed by a police officer in Tulsa, Oklahoma. The officer was charged with manslaughter but was ultimately acquitted. Crutcher’s family filed a 1983 action against the city and the police department, alleging that the officer’s actions violated Crutcher’s constitutional rights. The case was settled for $6 million. A third example of a 1983 action is the case of Albert Florence. In 2005, Florence was arrested on a warrant for an unpaid fine. During his processing at a county jail in New Jersey, he was subjected to two strip searches. Florence sued the jail officials, arguing that the strip searches violated his Fourth Amendment right to be free from unreasonable searches and seizures. The case went all the way to the Supreme Court, which ultimately ruled in favor of the jail officials.
While the 1983 action is a powerful tool for individuals seeking justice for constitutional violations, it is not without its limitations. One of the biggest limitations is the doctrine of qualified immunity. This doctrine provides government officials with immunity from civil lawsuits for actions taken in the course of their official duties unless their actions violate “clearly established” constitutional rights. This means that even if a government official violates your constitutional rights, they may not be held liable if those rights were not “clearly established” at the time of the violation.
In recent years, there has been significant debate over the doctrine of qualified immunity and whether it should be reformed or abolished. Critics argue that the doctrine allows government officials to escape accountability for their actions, even when those actions are clearly unconstitutional. Proponents of the doctrine argue that it is necessary to protect government officials from frivolous lawsuits and to ensure that they can carry out their duties without fear of being sued.
Despite its limitations, the 1983 action remains an important tool for individuals seeking justice for constitutional violations. It allows individuals to hold government officials accountable for their actions and to seek compensation for the harm they have suffered. Whether or not the doctrine of qualified immunity is reformed or abolished, the 1983 action will continue to play an important role in protecting the civil rights of individuals in the United States. At Paul Padda Law, our lawyers are highly experienced in handling civil rights cases of all types. If you’re thinking about a 1983 action or some other type of civil rights case, give us a call today at (702) 707-3000. Civil rights cases can be difficult. For this reason, having the right lawyer by your side is very important. Give us a call and let us help you.
Common Injuries from Accidents The NHTSA reports that over three million people every year are injured in automobile accidents. The vast majority of these injuries, thankfully, are very minor: cuts, bruises, minor concussions and the like. More severe injuries also result, however, and these vary with the kinds of accidents suffered. The possibilities from a…
Nobody wants to get pulled over. It’s a stressful time, and your immediate reaction is likely to get defensive, but it’s important to remember, to take the right steps and actions to ensure a positive reaction between you and the police officer. Remember, given recent media events, police officers tend to be very on edge…
Dog bites can be terrifying and carry untold consequences with them, from infections to severe injury and even disease. When a dog attacks, victims are outraged, confused and frightened. The problem is even worse when the victim is a child and the dog belongs to a neighbor. What do you do right away, and how…
Although freedom of speech is a right protected by the first amendment, an employer has the right to terminate you for any conduct deemed “inappropriate” by company standards. First amendment rights are meant to protect a citizen’s statements about the government. Any statements made about other entities may not be protected. This code extends itself…
A wrong-way crash in Nevada recently caused a fatality. A 34-year-old driver was traveling southbound on I-580 in the northbound lanes. The motorist reportedly struck an Expedition, killing the passenger in the Expedition. The driver of the Expedition was transported to the hospital with critical injuries. The initial wrong-way head-on crash resulted in a chain…
As teens go back to school this fall, many will transition from riding a school bus to driving themselves. However, passing a driver’s test alone does give a young driver enough experience to fully handle all the driving hazards on our roads today. Motor vehicle crashes are the #1 cause of death for teens. Take…
