Civil Rights & Federal Tort Claims Act Lawyers

Civil rights and Federal Tort Claims Act lawsuits can be filed to address violations of individuals’ rights by government actors.

Common types of civil rights claims include police misconduct lawsuits, claims to protect the rights of LGBTQ+ individuals, and lawsuits to address gender-based discrimination, such as unequal pay, sexual harassment, pregnancy discrimination, or denial of reproductive rights.

A Federal Tort Claims Act lawsuit involves filing an administrative claim with the appropriate federal agency, and if that is unsuccessful, proceeding with a lawsuit in federal court. The process involves demonstrating wrongdoing by a federal employee and is governed by specific rules and procedures. It’s a complex area of law, so seeking advice from an attorney experienced in FTCA cases is often advisable.

If your rights have been violated, call the UD Miami civil rights and FTCA lawyers at (305) 330-2397 or use our convenient online form to see if we can help you find justice.

What is a civil rights “1983” claim?

A “1983 claim” refers to a lawsuit filed under Section 1983 of the United States Code, specifically 42 U.S.C. § 1983. This law allows individuals to seek legal remedies for violations of their constitutional rights and civil liberties by government officials or entities. Section 1983 provides a cause of action against any person who, under color of state law, deprives an individual of their rights, privileges, or immunities secured by the U.S. Constitution or federal law.

Here are some key points to understand about a 1983 claim:

Government Action: Section 1983 applies when the alleged violation of rights is committed by a person acting under the authority of state or local government, including law enforcement officers, prison officials, or other government employees.

  1. Constitutional Rights: Section 1983 can be used to address violations of various constitutional rights, such as the First Amendment rights to free speech, religion, and assembly; the Fourth Amendment right to be free from unreasonable searches and seizures; the Eighth Amendment right to be free from cruel and unusual punishment; and the Fourteenth Amendment right to due process and equal protection.

  2. Individual Liability: Section 1983 allows lawsuits to be filed against individual government officials, as well as government entities (such as police departments or correctional facilities), if the violation of rights is the result of an official policy, custom, or practice.

  3. Available Remedies: If successful, individuals filing a 1983 claim can seek various remedies, including monetary damages, injunctive relief (court orders to stop or prevent ongoing violations), and declaratory relief (a court's determination of the parties' rights and legal obligations).

It's important to note that Section 1983 claims are specific to the United States legal system and its interpretation of constitutional rights. If you believe you or a loved one has had their civil rights violated by the government, it is important to consult with an experienced attorney familiar with Section 1983 and constitutional law.

What is a Federal Tort Claims Act case?

The FTCA permits claims against the U.S. government for injuries or damages caused by the negligent or wrongful actions of federal employees acting within the scope of their employment. This could involve medical malpractice by a Veterans Affairs doctor, accidents caused by a federal vehicle, assault by a corrections officer against a federal inmate, or other similar situations. The FTCA requires a victim to first file a detailed administrative claim; a lawsuit may only be filed after the administrative process is completed. 

  1. Pre-Lawsuit Requirement: Before filing a lawsuit, you must first file an administrative claim with the appropriate federal agency. This involves submitting a detailed claim form and documentation that outlines the nature of the claim and the damages incurred. You typically have two years from the date of the incident to file the administrative claim. The agency has six months to respond to the claim. If the agency denies the claim or fails to respond within this period, you can then proceed to file a lawsuit.

  2. Filing the Lawsuit: If the administrative claim is denied or not satisfactorily resolved, you can file a lawsuit in the U.S. District Court for the district where the alleged wrongdoing occurred or where the plaintiff resides. The lawsuit must comply with federal procedural rules, and you must prove that the federal employee acted wrongfully and that these actions caused the injury or damage.

  3. Damages: If you win the lawsuit, you may be awarded compensatory damages for your losses, which can include medical expenses, lost wages, and pain and suffering. There are some limits on the types of damages that can be awarded, and punitive damages are not available under the FTCA.

The FTCA represents a limited waiver of the federal government's sovereign immunity, meaning that the government consents to be sued under specific conditions, but this waiver is not absolute and is subject to various exceptions and limitations. The Federal Tort Claims Act is a complex area of law, so seeking advice from an attorney experienced in FTCA litigation is often advisable.

  • *The information provided on this website is for general educational purposes only. This information is not legal advice and does not create any attorney-client relationship.