When Government Authority Crosses a Legal Line
Every person is entitled to be treated fairly and with dignity under the law. When government officials, law enforcement officers, or other authorities violate those rights, our firm is prepared to stand up for our clients and hold those responsible accountable.
At
Sharpe & Leventis, LLC, we handle civil rights cases involving unlawful arrests, excessive force, false imprisonment, police misconduct, and other violations of constitutional rights. These cases often involve powerful institutions and complicated legal issues, making experienced and aggressive representation essential.
What Is a Civil Rights Claim?
Civil rights cases can arise when a government official or entity violates rights protected by the U.S. Constitution or federal law. One of the primary federal laws used in these cases is
42 U.S.C. § 1983.
What Is a Section 1983 Claim?
Section 1983 provides a way to bring a civil action against a person who, while acting
under color of state law, causes someone to be deprived of rights protected by federal law or the Constitution.
Depending on the circumstances, the underlying right may involve:
- Freedom from unreasonable searches and seizures
- Freedom from excessive force
- Due process protections
- Equal protection
- Rights of people held in jails or detention facilities
- Other constitutional or federal protections
Section 1983 cases are highly fact-specific. It is not enough that government conduct seemed unfair or inappropriate—the evidence must support the violation of a legally protected right.
Civil Rights Cases We Evaluate
Rather than listing every possible constitutional issue, I’d keep the service section tightly tied to the kinds of cases that naturally fit the firm.
Excessive Force
Police officers may use reasonable force when circumstances legally justify it, but that authority is not unlimited.
Claims involving force during a stop or arrest are generally evaluated under the Fourth Amendment’s objective reasonableness standard and require consideration of the totality of the circumstances. The U.S. Supreme Court reaffirmed that approach in 2025.
Cases may involve:
- Physical force during an arrest
- Tasers
- Police dogs
- Impact weapons
- Restraints
- Officer-involved shootings
- Other uses of force
Whether force was excessive depends on what happened—not simply on the fact that an injury occurred.
Unlawful Arrest or Detention
The Fourth Amendment places limits on when a person may be seized or arrested.
A civil rights claim may warrant investigation when someone believes they were arrested or detained without the legally required justification.
Evidence concerning what officers knew at the time, statements from witnesses, video, reports, and the circumstances leading to the arrest can become critical.
Unlawful Searches and Seizures
Constitutional protections can also become relevant when law enforcement searches a person, vehicle, home, or property.
Potential issues may include:
- Searches without a warrant
- The scope of a search warrant
- Vehicle searches
- Searches incident to arrest
- Consent disputes
- Seizure of property
Not every warrantless search is unconstitutional, which is why the specific facts and applicable exceptions must be examined.
Jail and Detention Center Mistreatment
Being arrested or incarcerated does not eliminate a person’s constitutional protections. Potential civil rights cases may involve serious allegations concerning:
- Excessive force
- Unsafe conditions
- Failure to protect
- Serious denial or delay of necessary medical care
- Improper restraints
- Other unconstitutional treatment
The legal standard can differ depending on whether someone was a pretrial detainee or a convicted prisoner, making the individual circumstances important.
The Supreme Court, for example, applies an objective standard to certain excessive-force claims brought by pretrial detainees.
Other Government Misconduct
Civil rights claims can arise in other circumstances involving government officials or public institutions.
A Civil Rights Claim Is Different From a Criminal Case
A civil rights claim may begin with the same incident that led to an arrest or criminal accusation—but the two cases serve different purposes.
The Criminal Case
A criminal prosecution concerns whether the government can prove that the accused person committed a criminal offense.
The Civil Rights Case
A civil rights lawsuit asks whether government officials violated the person’s legally protected rights and whether civil relief may be available.
Someone can therefore have questions about both criminal defense and civil rights after the same police encounter.
The cases can also affect each other. For that reason, it can be important to understand the criminal case, the constitutional issues, and the sequence of events before pursuing a civil claim.
Who Can Be Responsible for a Civil Rights Violation?
This is another area where civil rights litigation differs from an ordinary injury claim.
Individual Government Officials
Depending on the circumstances, a claim may involve a law enforcement officer, correctional officer, or another public official who personally participated in the alleged violation.
Cities, Counties, and Other Local Government Entities
A city or county is not automatically liable simply because it employed the official involved.
Under federal § 1983 law, municipal liability generally requires a connection between the constitutional injury and a governmental policy, custom, or qualifying official decision.
That makes evidence involving policies, repeated practices, training, supervision, or decision-making potentially important in some cases.
Other Responsible Parties
Depending on the facts, contractors, detention providers, healthcare providers, or other individuals or organizations may also need to be investigated.
Why Civil Rights Cases Can Be Difficult
Even when someone believes their constitutional rights were violated, significant legal defenses may apply.
Qualified Immunity
Individual government officials may raise qualified immunity, a legal doctrine that can protect them from civil damages unless the plaintiff can satisfy the applicable constitutional standard and show that the right was sufficiently established under existing law.
The Supreme Court continues to apply that doctrine to § 1983 claims involving government officials.
Municipal Liability Has Separate Requirements
Holding an individual officer responsible and holding a city or county responsible involve different legal analyses.
The municipality generally cannot be held liable under § 1983 merely because it employed the official involved.
Different Claims May Have Different Rules
A single incident may potentially involve federal constitutional claims and separate South Carolina tort claims. Those claims can have different:
- Defendants
- Immunities
- Damages rules
- Filing deadlines
- Procedural requirements
That is why the legal theory should follow the facts rather than assuming every police-misconduct allegation fits into the same type of lawsuit.
How Sharpe & Leventis Handles a Civil Rights Case
01
We Start With What Happened
We take the time to understand what happened, investigate the circumstances, gather critical evidence, and build a case designed to protect our client’s rights and pursue meaningful compensation.
02
We Identify the Right at Issue
A civil rights case must be tied to a specific constitutional or statutory protection. We evaluate which legal rights may actually apply to the circumstances.
03
We Preserve and Examine the evidence.
Video, reports, medical records, dispatch information, witnesses, jail records, and other evidence can help establish what happened.
04
We Identify the People and Entities Involved
We examine which officials participated, which agency employed them, and whether another governmental entity or party may need to be investigated.
05
We Evaluate Potential Defenses
Qualified immunity, probable cause, reasonableness, governmental immunity, and other defenses can shape a case. Those issues should be evaluated early rather than ignored.
06
We Build the Claim Around the Evidence
We recognize that a civil rights violation can have consequences far beyond the initial incident, affecting a person’s physical well-being, emotional health, reputation, family, and livelihood.
What Compensation or Relief May Be Available?
The remedy depends on the type of violation and the claims that can legally be brought. A civil rights case may potentially seek compensation for losses such as:
- Physical injuries
- Medical expenses
- Lost income
- Pain and suffering
- Emotional harm
- Other damages caused by the violation
In appropriate cases, federal civil rights law can also allow other forms of relief.
What can actually be recovered depends heavily on who is being sued, the legal claim involved, applicable immunity, and the evidence. There is no standard civil rights settlement amount.
How Long Do You Have to Bring a Civil Rights Claim in South Carolina?
Do not assume every claim against law enforcement or government has the same deadline.
Federal Section 1983 Claims
Federal courts generally borrow the state’s personal-injury limitations period for § 1983 actions. In South Carolina, courts apply the state’s three-year personal injury limitations period to those claims.
Federal law determines when a § 1983 claim accrues, however, so determining the deadline can require more than simply counting three years from an incident.
South Carolina Tort Claims Can Have Different Deadlines
If the case also includes a tort claim governed by the South Carolina Tort Claims Act, different rules apply.
The Act generally provides a two-year limitations period, with a potential three-year period in circumstances involving the filing of the statutory claim procedure. That difference matters.
A person should not assume that because one potential claim has three years, every claim arising from the same encounter does.
Frequently Asked Questions
Can I sue the police if they violated my rights?
Potentially. A viable lawsuit depends on identifying the particular constitutional or federal right involved, the officials responsible, the evidence, and any defenses that apply. Section 1983 provides a federal civil remedy for certain deprivations of rights by people acting under color of state law.
Does being injured during an arrest automatically mean police used excessive force?
No. The constitutional question generally focuses on whether the force was objectively reasonable under the totality of the circumstances. The fact that an injury occurred does not by itself establish a constitutional violation.
Can I have a civil rights claim if criminal charges were also filed against me?
Possibly. A criminal case and civil rights case involve different legal questions, although the outcome or facts of the criminal matter may affect the civil claim. Both should be evaluated together when they arise from the same incident.
Can I sue the city or county because one of its officers violated my rights?
Not automatically. Under § 1983, municipal liability generally requires more than an employment relationship. The constitutional injury usually must be connected to a qualifying governmental policy, custom, or official action.
What is qualified immunity?
Qualified immunity is a defense available to government officials in certain civil rights cases. Generally, an official can be protected from damages unless the conduct violated a constitutional or statutory right that was clearly established under applicable law.
Contact Our Columbia Law Firm for a Free Consultation Today.
If your rights have been violated, you do not have to face the system alone. We are ready to listen, investigate, and fight for justice. Contact
Sharpe & Leventis, LLC in Columbia for a free consultation.