Legal Corner: Understanding when your civil rights have been violated by public officials

LAKE CHARLES, La. (KPLC) - Legal Corner answers viewers’ civil legal questions.

QUESTION: I have strong proof that multiple people violated my civil rights. I have been reading about Sections 1983 and 1985, and I am trying to figure out how and if they apply in my situation. Please help me understand them.

ANSWER: What Are 1983 And 1985 Cases?

The terms “1983 cases” and “1985 cases” refer to lawsuits filed by individuals whose civil rights have been violated by public officials. The terms are named as such because of the United States Code (U.S.C.) from which these cases derive: 42 U.S.C § 1983 and 42 U.S.C § 1985.

Section 1983 Cases

Section 1983 cases are perhaps the most common civil rights lawsuits filed in the United States because they involve the violation of an individual’s civil rights. Common violations include:

• First Amendment — The freedom of speech, press, religion, the right to assemble and petition the government.
• Fourth Amendment — Protection against unreasonable search and seizure without probable cause or a warrant.
• Fifth Amendment — The right to a grand jury for capital offenses, and the prohibition of double jeopardy convictions and self-incrimination during an investigation.
• Sixth Amendment — Protects the right to a fair and speedy trial by a jury of your peers as well as the right to confront accusers, receive notification of accusations, obtain witnesses in defense, and retain legal counsel.
• Fourteenth Amendment — Protection of your right to due process and equal protection of the law.

A government official, law enforcement officer, private person acting under color of state law, or government entities can be named in these types of cases.

Examples of Section 1983 cases often include police misconduct, failure to take action when the law demands, child protective service removals without probable cause, and abuse of office.

Section 1985 Cases

While Section 1985 cases involve the violation of an individual’s civil rights, these types of cases involve two or more people and “conspiracy to interfere,” which is defined as an attempt to prevent, intimidate, threaten, or force someone in a way that impedes on his civil rights.

Examples can include but are not limited to:

• Preventing or obstructing someone from performing his duties of office
• Discharging someone from office so he cannot perform his duties
• Preventing a witness or juror from performing his civic duties
• Obstructing justice
• Depriving someone of his rights and privileges under state and federal law