Many people wonder how and under what circumstances you can sue the police department in Virginia. Regardless of which police department you are suing, or in what city in Virginia you are suing the police, often times you will be using the same statute: 42 U.S.C. ยง 1983. This federal statute (often known as a “Section 1983” lawsuit) was created over a century ago, but did not become widely used until the Civil Rights era. Section 1983 states as follows: “Every person … under color of any [law] of any State … subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law[.]”
So, what does this mean? The statute basically states that if a state officer (not to be confused with a federal officer, such as a member of the FBI or a Federal Bureau of Prisons official) violates your federal constitutional rights, you can sue the state officer in their individual capacity for money damages. What is a federal constitutional right that can be violated? There are many. They can range from less obvious violations such as relatively minor unconstitutional seizures or searches, to more obvious and egregious violations such as brutal assaults or even murder.
While Section 1983 has many exceptions, rules, and unique applications, the most important thing to ask yourself is whether a state police officer is involved, and if the state police officer took some action against you that you believe violates your constitutional rights. If you are in Virginia and a police officer violated any of your rights, or took action which you believe was unlawful, contact Blake Weiner Law, PLLC, and fight back against police abuse by allowing our Firm to file a lawsuit on your behalf.