WHAT IS A SECTION 1983 OR DEPRIVATION OF RIGHTS UNDER COLOR OF LAW CLAIM?
Police, detention officers, and law enforcement officers all have a duty to respect our civil rights. It isn’t optional during the commission of their duties; it is constitutionally required. Law enforcement is prohibited from overstepping any of the rights granted to us in the Constitution and both federal and Oklahoma law provide monetary damages when your civil rights are violated.
HOW CAN AN OKLAHOMA CIVIL RIGHTS ATTORNEY HELP ME?
Unfortunately, the laws that protect citizens and their civil rights are often violated by law enforcement and correction officers in Oklahoma and across the United States. The one bit of good news is that victims of civil rights violations have recourse to file a claim under Section 1983 of federal law and Oklahoma civil rights laws, including the protections against excessive force found at Oklahoma Statutes Title 22 Section 33.4.
Section 1983 is federal law that establishes the right for private citizens to sue government officials and government agencies, including law enforcement for violations of their constitutional rights. Section 1983 is used in employment discrimination, police excessive force, police brutality, and false arrest cases.
If you or someone you know has suffered a violation of civil rights by a government official, options exist for relief. Contact the Oklahoma civil rights lawyers Cannon & Associates today to discuss your case and get answers to your questions by calling (405) 657-2323.
WHAT IS SECTION 1983?
Section 1983 is federal law that establishes the rights of individuals to sue government actors and government agencies for violations of constitutional rights.
Section 1983 originated with the Civil Rights Act of 1871, which Congress enacted to respond to the hate crimes committed by the Ku Klux Klan. The law gave private citizens a route to judicial relief for government actors, law enforcement in particular, violating their constitutional rights.
The protections established by Section 1983 cover several constitutional rights, including:
- Freedom of speech and expression (First Amendment)
- Freedom from unreasonable searches and seizures (Fourth Amendment)
- The right to due process of law (Fifth and Fourteenth Amendments)
- Freedom from discrimination based on race, sex, or religion (Fourteenth Amendment)
This is in no way an exhaustive list of the rights Section 1983 was established to protect. You should speak with an experienced Oklahoma civil rights attorney to get answers to your questions, if you believe your constitutional rights have been violated by a government official.
One limitation to the protections under Section 1983 is that the violation must be committed by a government official, acting under their authority, when the violation of your rights occurred. This concept is more commonly referred to as having been committed “under the color of law.”
WHAT DOES ‘UNDER COLOR OF LAW’ MEAN?
The phrase “under color of law” comes from a legal doctrine called “color of authority.” The doctrine provides government officials power to perform acts within the scope of their authority. A common example is a police officer acting under his authority to arrest someone following the commission of a crime. However, were the officer to beat up or shoot that person after they have been placed under arrest, it would be a violation of the suspect’s constitutional rights and the officer would have done so under the color of law.
The police officer’s actions are “under color of law” as they used their authority as a government actor to assault or shoot the suspect.
Similarly, a detention officer has the authority to use force on an inmate to subdue him when force is justified; however, there is a limit to the “justifiable force” in a situation with a government actor. Justifiable use of force or justifiable use of deadly force is a fact intensive question that is best addressed by speaking with an experienced Oklahoma civil rights attorney.
WHAT ARE THE MOST COMMON DEPRIVATION OF RIGHTS CASES IN OKLAHOMA?
There are many different types of deprivation of rights cases in Oklahoma, but the most common fall under the following four categories:
Excessive Force: when a police officer or detention officer uses more force, excessive force, than what is necessary to control the situation.
False Arrest / False Imprisonment: when someone is unlawfully detained by police, a sheriff’s deputy, or any other government official.
Illegal Search and Seizure: when a government actor seizes a person’s property or searches a person without probable cause.
First Amendment Violations: when a government actor unlawfully censors or prevents someone from exercising their right to peaceful assembly.
HOW DO YOU FILE A DEPRIVATION OF CIVIL RIGHTS UNDER COLOR OF LAW CLAIM IN OKLAHOMA?
You have the right to file a civil rights claim under Section 1983, if you believe that your civil rights have been violated by a government actor in federal court. Conversely, you also have the right to file a civil rights claim under the appropriate Oklahoma state laws addressing varied civil rights in Oklahoma state court. Whether it is better to file your case in state court or federal court is an important issue to discuss with an experienced Oklahoma civil rights lawyer.
You must comply with the Tort Claim process prior to filing a state or federal civil rights lawsuit in almost every circumstance. The Tort Claim process is a complex administrative process with specific timelines to continue to pursue your right to damages for your claim. The Tort Claim process is described in detail in the next section.
Once you have completed the Tort Claim process, described below, you will receive a notice or right to sue, which entitles you to access to take your claim to state or federal court. Federal claims are most often filed in federal court; however, in some circumstances a case based in both state and federal claims may be filed in state court. Oftentimes agencies or government defendants will seek to have the case removed (transferred) to federal court.
State court claims should be filed in the Oklahoma state court where the violation of rights took place, i.e. if Oklahoma City Police violated your rights in Oklahoma County, your claim should be filed in Oklahoma County court.
You and your Oklahoma civil rights attorney will have the burden of supporting your civil rights were violated, under federal or Oklahoma law, and that such violation was at the hands of a government actor that was acting under the color of law. Stated another way, you have to show that the government actor was doing their job and that they violated your rights, while performing their job. In order to support damages in your civil rights case you must establish that you suffered some kind of harm, such as a physical injury, mental distress, emotional distress, or financial harm.
You will most likely be able to recover damages from the government, if you are able to support your claim in state or federal court.
WHAT IS THE TORT CLAIM PROCESS?
As stated above, the Tort Claim process must be completed prior to bringing a lawsuit in state or federal court for a violation of your civil rights. This process was created as a protective layer for the government. The government has powers, which it retains unless waived or transferred to a lower authority. This concept is called “Sovereign Immunity.”
The Federal tort claim process is covered under the Federal Tort Claims Act (FTCA). It provides a two (2) year deadline to file your claim in writing with the federal agency that violated your rights due to negligence or misconduct. You can obtain the form directly from the government agency; however, you should seek the counsel of an experienced Oklahoma civil rights attorney to complete the form. You are entitled to file your lawsuit after six months of inaction or a final denial form the agency.
The Oklahoma tort claim process is covered by the Oklahoma Government Tort Claim Act (OGTCA) has procedural rules in Oklahoma Statutes Title 51 Section 156. The deadline in state court is shorter; a claimant has one (1) year to file a claim from the date of the loss. The claim must be in writing and filed with the court clerk of the government body. The claim must include the following:
- Government entity involved
- Date, time, place, and the circumstances surrounding the loss
- Amount of compensation requested
- Claimants contact information
- Your settlement agent or Oklahoma civil rights attorney’s contact information
- Information for reporting requirements for the Medicare Secondary Payor Act (MSPA)
Failure to state each of these elements is not fatal to your claim; however, a response must be provided upon request or your claim may be deemed waived. In wrongful death cases, a personal representative is allowed one (1) year from the date of death to file the claim.
Once your claim is filed with the County Clerk, the government agency/county has 90 days to review the claim and do one of the following:
- Approve the claim and seek settlement with you and your Oklahoma civil rights lawyer;
- Deny the claim in writing; or
- Do nothing, which is a constructive denial after 90 days.
Once your claim has been denied, actually or constructively by not providing a response, you or your Oklahoma civil rights attorney must file your lawsuit within 180 days.
You do not have to go it alone if you have been the victim of a civil rights violation. The process detailed above is a skeleton outline of the hoops you must jump through to continue to seek justice in your excessive force or civil rights case. Call Cannon & Associates, Your Fierce Advocates® at (405) 657-2323 for a free case strategy session.
WHAT IS THE STATUTE OF LIMITATIONS ON SECTION 1983 CLAIMS?
There is not a federal statute of limitations on Section 1983 claims; however, as stated above the Federal Tort Claim process provides a two (2) year deadline to file your claim. Alternatively, the statute of limitations for actions in Oklahoma are based on the Oklahoma Governmental Tort Claim Act, as stated above. In Oklahoma, the statute of limitations for Section 1983 claims or Tort Claims is one (1) year.
The Oklahoma civil rights attorneys at Cannon & Associates can assist you in filing your claim with the appropriate party by the deadline for your matter. . Instead, statutes of limitations are set on a state-by-state basis. Call us today at (405) 657-2323 for a free case strategy session and to get answers to your questions.
HOW MUCH CAN I RECOVER FROM MY DEPRIVATION OF RIGHTS CLAIM IN OKLAHOMA?
You may be able to recover compensatory and punitive damages, if you are successful in presenting or litigating your Section 1983 claim. The Oklahoma Governmental Tort Claim Act (OGTCA) provides limits or caps on damages based on the size of the jurisdiction where the event occurred, at least for state court claims. The limit is $125,000 within a jurisdiction under 300,000 people and up to $175,000 for jurisdictions above 300,000.
The government seeks to enforce these damage caps in all claims against the state; however, multiple federal juries have found they do not apply and that the cap limits are not enforceable. This is only one of the important reasons to work with an experienced Oklahoma civil right attorney on your claim.
HOW CAN I GET EXPERIENCED OKLAHOMA CIVIL RIGHTS LAWYERS ON MY SIDE?
Your Fierce Advocates® at Cannon & Associates have years of experience in Section 1983 claims and we will fight to get you the compensation you and your family deserve. Call us today at (405) 657-2323 for answers to your questions about your civil rights case. We offer free case strategy sessions and can help you decide if filing a claim is right for you and your family.
