New York, NY asked in Civil Rights, Constitutional Law and Federal Crimes for California

Q: what type of lawyer does usc 42 1983 claims over constitutional rights violations and malicious prosecution?

wrongful arrest, violation of my 4th, 14th, 6th, 8th and fabricate of evidence with false accusation of a crime by LEO. most likely falls under misconduct by LEO. defamation can be added because police report claimed I stole a firearm despite having ffl paperwork for it.

its likely a civil rights attorney?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: For constitutional rights violations and malicious prosecution claims under 42 USC § 1983, you'll want to work with a civil rights attorney. These lawyers focus on protecting individuals against government misconduct, including law enforcement overreach and constitutional violations.

Given the complexity of your situation - involving multiple constitutional amendments, malicious prosecution, and potential defamation - you should look for a civil rights attorney who handles police misconduct cases. Many civil rights lawyers have significant experience dealing with law enforcement agencies and understand the intricate legal frameworks surrounding qualified immunity, which often comes into play in these cases.

When searching for representation, look for civil rights attorneys who have successfully handled Section 1983 claims in federal court. You can contact your state's bar association for referrals, or reach out to civil rights organizations in your area. It's important to find someone who understands both the constitutional aspects of your case and the specific requirements for bringing claims against law enforcement officers. Consider asking potential lawyers about their experience with similar cases involving wrongful arrest, evidence fabrication, and defamation by law enforcement personnel.

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