Constitutional Claims

Constitutional Claims | The Michael Kim Law Firm, PLLC

When an individual, representative or an organization violates the constitutional rights of another a claim or cause of action can be made and litigated in state or federal civil court, depending on the source of the violated right. When state and federal agencies take actions that violate our constitutional rights, the failure could be leadership or policies inconsistent with the law. Constitutional claims and litigation can help correct an errant practices, leadership and operations.

A violation of constitutional rights may entitle the wronged individual to recovery from the government pursuant to 42 USC § 1983. Examples of constitutional violation claims can include restraints on free speech or exercise of religion, as well as unlawful police searches, seizures and arrests. If you are involved in an event involving government action you may have a right to recovery. Constitutional claims may require specific types of injury and elements of proof and may be highly complex.

When others infringe on your constitutional rights The Michael Kim Law Firm, PLLC will listen to what happened and help determine if you have a claim or cause of action worth pursuing. Making claims against government organizations can be challenging and in many cases, when accused of violating another’s constitutional right, the defense is immunity from punishment. Sometimes a victim may have additional alternatives in seeking a remedy and our attorneys can help determine the best course of action.