Government Deprivation Of Constitutional Rights


Experienced attorneys helping New Yorkers recover compensation

If a government official violates your constitutional rights, you may be able to recover compensation. However, filing a lawsuit against a government official or a municipal entity is not an easy manner. The lawyers at the Law Offices of Tacopina Seigel & DeOreo have a reputation for handling the toughest cases. The firm has a deep understanding of constitutional law and knows when and how a plaintiff may sue a government official who violates his or her rights. As skilled NY attorneys, the firm’s legal team has helped countless clients obtain compensation.

New York constitutional rights attorneys explain the qualified immunity defense

The qualified immunity doctrine protects government officials from liability for civil damages. The law was designed to allow government officials to perform their duties without fear of being sued. However, this does not mean that government officials cannot be sued.

A civil law attorney in NYC can explain to you that in order to file a successful claim against a government official, you must satisfy the following two-part qualified immunity test:

  • Was the law governing the official’s conduct clearly established?
  • Under that law, could a reasonable officer have believed the conduct was lawful?

As the plaintiff, your job is to prove to the court that the official’s conduct was unreasonable. Your second goal is to show the court that the government official in question then violated your rights or deprived you of a clearly established constitutional right that a reasonable person would have known and understood. An experienced NY lawyer at Tacopina Seigel & DeOreo can review your case and determine if you have enough evidence to purse a claim against a law enforcement officer or other government official.

Prosecuting a claim for deprivation of constitutional rights

The lawyers at the Law Offices of Tacopina Seigel & DeOreo are skilled in prosecuting constitutional claims and can assist you with the follow issues related to your case:

  • Pleading requirements for constitutional rights cases:

    In a constitutional rights action, you must demonstrate that you have a constitutional right (equal protection, due process); the defendant’s acts or omissions deprived you of that constitutional right; and that the defendant is a government actor. If the defendant asserts a defense of qualified immunity, then you must also prove that the qualified immunity defense is not applicable.

  • Issues to look for during discovery: 

    Government records are essential to the prosecution of a constitutional rights claim. Relevant government records might include dispensary reports, government e-mails, personnel protocol manuals and statements of other government officials. Sometimes, these records can be obtained prior to the initiation of your lawsuit.

  • Using expert witnesses: 

    Depending on the type of constitutional claim you are asserting, useful experts might include law enforcement practice specialists, demographics experts and prison engineers.

Upholding the rights of New York residents in the tri-state area

The Law Offices of Tacopina Seigel & DeOreo is prepared to stand by your side if your constitutional rights have been violated by a government official. Call today at 212-227-8877 or contact us online to schedule a consultation with an experienced attorney at the firm.