Violation or Infringement of Rights

The United States Constitution grants certain rights to individuals.

The United States Constitution's first 10 amendments, the Bill of Rights, provides specific rights to individuals to prevent government intrusion in their daily lives. When government actors, those acting on behalf of the government, violate Constitutional rights, citizens can bring a claim against the government in a Section 1983 lawsuit.

Bill of Rights

The Bill of Rights consists of 10 provisions, all amendments to the original United States Constitution. Among those rights are freedom of religion and speech, prohibitions against unreasonable search and seizure, rights related to criminal prosecution and to be free from cruel and unusual punishment.

42 U.S.C. Section 1983

Title 42 of the United States Code, Section 1983 provides a cause of action for individuals who have experienced a violation of rights by the government or its employees. It protects Constitutional rights and rights granted under other federal statutes. Some common areas of Section 1983 litigation are police conduct and school management of students.

State Rights

Similar mechanisms for enforcing and protecting rights granted by states are also available. States sometimes grant more extensive protections than the U.S. Constitution. For example, California's constitution provides greater privacy protections. The specific claims process for violations of state-granted rights varies by state.

References

• FindLaw: 42 USC section 1983
• King County Law Library: Section 1983 Civil Rights Litigation Research Guide
• The Charters of Freedom: Bill of Rights
• Privacyrights.org: California law
• ExpertLaw: Federal and state constitutional rights