Police Brutality & Civil Rights
Federal Civil Rights Laws
5 statutes with plain-language summaries, case relevance, source links, and related Michigan practice areas.
Federal Civil Rights Laws
5 statutes"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, 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, suit in equity, or other proper proceeding for redress."Read Full Statute
Section 1983 is the primary federal law used to sue police officers and government officials who violate your constitutional rights. It allows you to bring your case in federal court and recover compensatory and punitive damages, plus attorney fees.
Every police misconduct lawsuit Christopher Trainor & Associates files is brought under § 1983. It bypasses Michigan governmental immunity entirely and holds officers accountable under federal constitutional standards.
We have obtained some of Michigan's largest § 1983 verdicts, including $6.2M, $5.8M, and $5.5M. Our attorneys know this statute better than almost any firm in the state.
"All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts... and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens..."Read Full Statute
Section 1981 protects the equal right to make and enforce contracts and to enjoy the full and equal benefit of laws and proceedings without race discrimination.
This statute can matter in race-discrimination and retaliation cases involving employment, contracting, or intentional interference with protected civil rights.
We evaluate Section 1981 alongside Title VII, ELCRA, Section 1983, and state-law claims so race-discrimination cases preserve every viable remedy and forum.
"In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title... the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity..."Read Full Statute
If you win a civil rights lawsuit under § 1983, the government must pay your attorney fees. This makes it financially possible for victims to pursue civil rights cases even without money upfront.
This fee-shifting provision is why civil rights firms can take police misconduct cases on contingency. It levels the playing field against well-funded government defendants.
We recover full attorney fees from municipalities after successful civil rights verdicts, ensuring justice doesn't depend on a client's financial resources.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."Read Full Statute
The Fourth Amendment prohibits unreasonable seizures of persons, including the use of excessive force by police. Under Graham v. Connor, force must be objectively reasonable based on the facts known to the officer at the moment — not in hindsight.
Most police brutality cases are Fourth Amendment claims. The question is whether a reasonable officer would have used the same level of force under the same circumstances.
We use use-of-force experts, police policies, and the defendant officers' own training records to demonstrate Fourth Amendment violations in every excessive force case.
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." — U.S. Const. amend. XIV, § 1.Read Full Statute
The Fourteenth Amendment protects against deprivation of life, liberty, or property without due process of law and guarantees equal protection under the law. It applies civil rights protections to state actors — police officers and government officials.
Used in cases involving wrongful arrest, malicious prosecution, race-based discrimination by police, and denial of medical care in custody.
We combine Fourth and Fourteenth Amendment claims in complex civil rights cases to maximize the legal theories available and increase the pressure on government defendants to settle or face trial.