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DWI, OWI, DUI, Drunk Driving, Boating while intoxicated (BWI), snowmobiling while intoxicated, theft, fraud, homicide, assault, hit and run, driving after suspension (DAS), drug charges, driving after revocation (DAR), driving after cancellation (DAC)
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Subject Civil Action
Date Tue Aug 11 2009 13:48
Author Maury D. Beaulier
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First, a 1983 or a "Section 1983" is the term used to refer to a federal statute, now codified in the U.S. Code at 42 U.S.C. § 1983, which provides in pertinent part: "Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, Suit in equity, or other proper proceeding for redress * * *" Section 1983 authorizes a private, civil lawsuit against any person who abuses state or local government authority to violate another person's civil rights. In short, the statute creates a lawsuit for abuse of government power. When you are fiiling a 1983 action under Federal Laws relating to civil rights, you are facing significant costs and the behavior complained of must be provable. Second, I cannot tell you whether you have a viable 1983 action based on the extremely limited information provided. Police officers have limited immunity if they are acting within the scope of their auuthority. It is only when they actooutside of that authority that it becomes actionable. Certainly, if you can prove that evidence was manufactored or that false evidence was knowing ly presented, there may be a ccivil action available. |
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