Civil Rights Lawyer Located in Luzerne County
Also Serving Lackawanna, Monroe, Columbia, Wyoming, Susquehanna, Schuylkill, Carbon, Pike, and Wayne counties
No one is above the law. Not even those in uniform or otherwise acting in an official government capacity. When a person’s constitutional rights are violated by someone in authority, they have the basis for a lawsuit, and our Luzerne County civil rights lawyer has the experience necessary to fight for them.
The Law Office of William I. Abraham has spent over 20 years fighting to protect people’s rights and secure justice. From our Luzerne County office, we serve the people of Monroe, Columbia, and Lackawanna counties, and beyond.
Call today at (570) 762-9988 or reach out here online to set up a free consultation.
Practice Areas
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Assault/Domestic Violence -
Criminal Defense
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Drug Crimes
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DUI
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Federal Civil Rights
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Homicide
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Protection From Abuse
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Sex Crimes
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Theft
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Traffic Violations
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Section 1983 Civil Rights Violations
The Civil Rights Act of 1871 contains Section 1983. That section allows citizens to sue those employed by governments—state, local, and federal—if the abuse of authority violates standing constitutional rights.
For a Section 1983 claim to exist, the perpetrator not only needs to be a government employee, but they need to be using that authority to carry out their acts. The legal term for this acting “under color of law”.
As an example, if a police officer uses unjust force after a traffic stop, this can be a Section 1983 claim because the officer is directly using their position with the government to take action. If this same officer were to instigate an altercation while off-duty and in plain clothes, then Section 1983 does not apply.
What’s more, the actions taken “under color of law” must serve to deprive someone of their constitutional rights. If both of these elements—the color of law, and the deprivation of constitutional rights are present, then our Luzerne County civil rights attorney can bring a Section 1983 claim on the plaintiff’s behalf.
Do you believe your rights have been violated? Contact the Law Office of William I. Abraham by calling (570) 762-9988 or filling out our online contact form and get a free consultation on your case.
EXPERIENCE MAKES THE DIFFERENCE
Common Types of Section 1983 Violations
The possibilities are for 1983 violations are as numerous as there are combinations of government employees and constitutional rights. But here are some of the more frequent examples:
- Violence by a police officer, which violates the plaintiff’s Fourth Amendment protection against cruel and unusual punishment.
- An unlawful search of property conducted by law enforcement, which is directly prohibited by the same Fourth Amendment.
- Malicious prosecution ,which is to say a prosecution that is undertaken without probable cause.
- First Amendment violations of freedom of expression.
- Policies that result in one class of people being treated differently from the others—i.e., racial profiling in police work.
How Can a Civil Rights Attorney Help You
A civil rights attorney specializes in representing individuals whose civil rights have been violated. Civil rights are a fundamental part of the legal framework in democratic societies and protect individuals from discrimination, unfair treatment, and violations of their constitutional rights.
It's essential to consult with an experienced civil rights attorney if you believe your rights have been violated because they can provide guidance, assess the merits of your case, and advocate on your behalf to seek remedies and justice. They can help you navigate complex legal processes and, if necessary, file lawsuits to protect your civil rights.
Contact Our Luzerne County Civil Rights Lawyer
At the Law Office of William I. Abraham, we believe in justice, and we know the law. With over 20 years of successful experience under our belt, we understand the nuances of legal procedure, and we know how to investigate. In lawsuits, little things sometimes make a big difference.
Call our office today at (570) 762-9988 or contact us online to set up a free consultation.
