Both kinds of claims cover civil rights violations that occur under the color of law. Life and/or liberty are usually the civil right(s) at issue in these cases. Furthermore, both kinds of claims originate in federal court, at least in most situations. Additionally, the controversial qualified immunity defense is usually available in both kinds of cases.

Officer misconduct can have many different colors and it’s important to know the different ways it can look. Among more common officer misconduct are unlawful search and seizure, brutal force in arrests, and racial profiling. Unlawful Detention is just one violation of civil rights by an officer and you should know what it is before pursuing a claim.

Although we’d all like to think that officers of the law act with integrity 100% of the time, it is, unfortunately, not the case. There are times when behaviors can cross the line and violate human rights that are protected by the constitution. In the case of officer misconduct, there are several punishments that can be levied. One such type of punishment is administrative repercussions. This punishment can be extremely damaging.

One Saturday afternoon, a young man in his 20s with Down syndrome — an intellectual disability — decides to go to a movie by himself. After the movie ends, he enjoyed it so much he wants to stay in the theater to watch the next showing. Movie theater staff explain to the young man he cannot do that unless he pays for the next movie, but because of his disability, he does not fully understand what they mean and begins to get upset.

A young man of African-American descent is walking with three male friends one night in downtown Los Angeles. When leaving a bar around midnight that night, a police car stops the foursome as they are walking down the street. Two police officers leave the vehicle and approach the group. They walk up to the young African-American man and begin asking him questions about his activities and whereabouts that evening. 

When someone has been the victim of excessive force or police misconduct or misconduct from federal officials, civil rights have been violated. There are always legal remedies to civil rights violations. These are lawsuits that allow for a person to sue for civil rights violations committed by government officials, such as police officers.The two most commonly used are a Bivens lawsuit and a Section 1983 claim which is a claim under 42 USC § 1983 claim. The key difference between a Bivens lawsuit and a Section 1983 claim is the defendant. A Bivens lawsuit is when federal officials are sued for civil rights violations.