Section 1983 Attorney — Louisiana
42 U.S.C. § 1983 · Constitutional Rights · Federal Civil Rights Litigation · Government Accountability
42 U.S.C. § 1983 is the federal statute that allows individuals to sue state and local government officials who violated their constitutional rights while acting under color of law. Common Section 1983 claims include excessive force, false arrest, unlawful search and seizure, overdetention, First Amendment retaliation, and deliberate indifference to medical needs. Louisiana's 1-year prescriptive period applies. The Rhodes Law Firm has federal court experience in Section 1983 litigation.
Written & Reviewed By
Jonathan M. Rhodes
Attorney at Law — The Rhodes Law Firm
Practice Areas: Civil Rights — Section 1983 Federal Litigation · Last Updated:
Serving: Orleans Parish, Jefferson Parish, St. Charles Parish, Louisiana
Elements of a Section 1983 Claim
A Person
The defendant must be a 'person' under the statute — state or local officials, municipalities (with Monell requirements), and private individuals conspiring with state actors.
Acting Under Color of State Law
The defendant must have been exercising government authority at the time of the violation. Off-duty conduct may qualify if the officer used their position to commit the violation.
Violation of a Constitutional Right
The plaintiff's specific constitutional right must have been violated — Fourth Amendment, First Amendment, Fourteenth Amendment due process or equal protection, Eighth Amendment, etc.
Causation and Damages
The constitutional violation must have caused the plaintiff's injuries. Compensatory, nominal, and punitive damages may be available.
Speak With a Section 1983 Attorney
Jonathan M. Rhodes has federal court experience in constitutional rights litigation. Louisiana's 1-year deadline is unforgiving. Free consultation.
Section 1983 Claims in Louisiana — FAQ
Protect Your Constitutional Rights
Louisiana's 1-year deadline begins the day your rights were violated. Free initial consultation.