42 USC section 1983 Claims
Under 42 U.S.C. Â§ 1983, public employees are afforded additional legal protections when a public employer violates an employeeâ€™s (constitutional) rights. We represent employees who have been deprived of their procedural due process rights, equal protection laws as a result of discrimination or harassment, or who have experienced retaliation as a result of their exercise of free speech or free association.
To prevail in a claim under section 1983, a plaintiff must prove two critical issues:
- A person subjected the plaintiff to conduct that occurred under color of state law, and
- This conduct deprived the plaintiff of rights, privileges, or immunities guaranteed under federal law or the U.S. Constitution.
Similarly, individuals and students are afforded certain constitutional protections. Our firm also represents individuals who have been deprived of their rights secured by the federal Constitution by government misconduct, including violations of substantive due process rights and equal protection.