Police Misconduct & Civil Rights
When law enforcement or other government actors violate your constitutional rights, federal law provides a remedy. Dutko & Chwiecko Trial Attorneys represent individuals in Berks, Lehigh, and Schuylkill counties who have been subjected to excessive force, unlawful arrest, wrongful detention, and other civil rights violations under 42 U.S.C. § 1983.
42 U.S.C. § 1983 creates a federal civil cause of action against any person acting under color of state law who deprives another of rights secured by the U.S. Constitution or federal law. It is the primary vehicle for holding government officials accountable for constitutional violations.
Government officials often assert qualified immunity — a defense that shields them from liability unless the violated right was clearly established at the time of the conduct. Successfully overcoming this defense requires careful analysis of the facts, the applicable constitutional standard, and the relevant case law.
A successful § 1983 claim can yield compensatory damages for physical injury, emotional distress, lost income, and medical expenses, as well as attorney fees under 42 U.S.C. § 1988. In cases of egregious misconduct, punitive damages may also be available against individual officers.
An arrest made without probable cause violates the Fourth Amendment. If an officer detained you without a lawful basis, you may have a § 1983 claim regardless of whether criminal charges were ultimately filed.
The Fourth Amendment prohibits the use of unreasonable force during arrests, investigatory stops, and other seizures. Claims arise when officers use force disproportionate to the threat presented under the circumstances.
Prolonged detention without probable cause, a warrant, or legal justification implicates both Fourth and Fourteenth Amendment protections. This includes unlawful stops, holds beyond permissible time limits, and pretextual detentions.
When government actors initiate or continue a criminal prosecution without probable cause and with malicious intent, and the prosecution terminates in your favor, a § 1983 claim may lie under the Fourth Amendment.
Government officials may not arrest, charge, or otherwise penalize individuals in retaliation for protected speech or activity. Retaliatory conduct that would deter a person of ordinary firmness from exercising First Amendment rights is actionable under § 1983.
Warrantless searches conducted without a recognized exception to the Fourth Amendment's warrant requirement, and seizures of property without legal authority, can form the basis of a § 1983 civil rights claim.
Section 1983 litigation is technically demanding. Establishing liability requires proving a constitutional violation, identifying the responsible actor, and defeating immunity defenses — all while navigating federal procedural rules. Our attorneys analyze the facts of your encounter, the conduct of the officers involved, and the applicable constitutional standards before advising you on whether a viable claim exists.
We represent clients across Berks, Lehigh, and Schuylkill counties who have been subjected to unlawful government conduct. If you believe your constitutional rights were violated by law enforcement or another government actor, contact us for a free consultation to discuss your options.
If you were subjected to excessive force, unlawful arrest, or other government misconduct in Pennsylvania, you may have a federal civil rights claim. Contact Dutko & Chwiecko for a free consultation.