§ Practice area 06

Federal civil rights

When police officers, jail staff or other public officials violate the Constitution, federal law gives the injured person a claim for damages. Andre brings Section 1983 cases in federal court, including claims against cities and counties whose policies or customs caused the harm.

A courtroom in the federal courthouse in Miami, Florida

Suing the government is different

A civil rights case has obstacles an ordinary injury case does not: qualified immunity for individual officers, strict rules for holding a city or county liable for its own policies, customs and training, and separate notice requirements for state-law claims against Florida agencies. Each has to be addressed in the complaint, not discovered later.

The firm builds these cases from the records — body-camera footage, incident reports, internal-affairs files and public records requests — and pleads them to survive the motions that end most civil rights suits before discovery. State-law negligence claims under Florida’s sovereign-immunity statute are brought alongside the federal claims where they add value.

Matters we handle

  • Excessive force by police and corrections officers
  • Unlawful arrest, detention and search
  • Denial of medical care in jails and prisons
  • Claims against cities and counties for policies, customs and failures to train or supervise
  • First Amendment retaliation
  • State-law negligence claims against government agencies, including their pre-suit notice requirements
  • Injuries caused by government vehicles and employees

How a case moves

From the records to the courtroom.

  1. 01

    Records and preservation

    Public records requests, body-camera footage and preservation letters sent before evidence is lost.

  2. 02

    Notice and pre-suit steps

    Where state-law claims are involved, the written notice Florida requires before suit against an agency.

  3. 03

    Complaint and immunity motions

    A federal complaint pleaded to meet qualified-immunity and municipal-liability standards, then the motions that test it.

  4. 04

    Discovery, trial and appeal

    Depositions of officers and policymakers, expert review where needed, and trial or appeal as the case requires.

Common questions

What people ask about civil rights cases.

What is qualified immunity?

A defense that protects individual officials from damages unless they violated a constitutional right that was clearly established at the time. It is decided early and often on appeal, which is why the facts must be pleaded precisely from the start.

Can I sue the city or county, not just the officer?

Yes, but a city or county is liable only for its own conduct: an official policy, a widespread custom, or a failure to train or supervise that amounts to deliberate indifference. Proving that requires records beyond the single incident.

How long do I have?

Section 1983 claims borrow Florida’s limitations period for personal-injury claims, generally four years, but state-law claims against an agency require written notice much sooner and carry their own deadlines. Do not wait.

What can be recovered?

Compensatory damages for injuries and losses, punitive damages against individual officials in appropriate cases, and attorney’s fees under federal law when the claim succeeds.

Were your rights violated by a public official?

Call while the footage still exists. Consultations are available in English or Russian.

Call Consultation