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Defending Constitutional Rights
(Section 1983 Litigation)

Section 1983 of Title 42 of the United States Code allows an individual to sue state and local government officials and entities for constitutional violations. The individual must be able to show that the state or local government official acted under the color of state law in engaging in conduct that deprived them of rights, privileges, or immunities guaranteed by the Constitution. 

 

Our Constitutional Tort Litigation services, commonly referred to as Section 1983 litigation, focus on defending the rights of individuals who have suffered violations of their constitutional rights by governmental actors. Contact us if you believe your rights were violated due government misconduct.

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U.S. Supreme Court image on JD Howlette Law website
United States District Court for the District of Maryland image on JD Howlette Law website

Section 1983 Practice Areas

Equal Protection Claims

We are dedicated advocates for equal protection and treatment under the law, and we vigorously represent individuals and groups who believe their rights have been violated. We understand the complexity of equal protection claims which involve an assertion that a government body has treated an individual or group unfairly based on their membership in a protected class, such as race, sex, religion, or nationality. Whether you have experienced discrimination in education, employment, housing, or any other area regulated by government entities, our legal advocates are prepared to provide the zealous representation you need and deserve. Contact us to learn more. 

Due Process Claims

All individuals are generally entitled to due process of law prior to being deprived of life, liberty, or property. We represent clients who have been deprived of their fundamental procedural and substantive due process rights by virtue of wrongful government infringement. From the pre-complaint investigatory stage to the end of trial, our dedicated legal team is prepared to guide you every step of the way through the complicated labyrinth that one must navigate to prevail on due process claims. Contact us to discuss your specific situation and legal needs.

Fifth Amendment Takings Claims

Our legal advocates possess a deep understanding and commitment to safeguarding your Fifth Amendment rights, specifically the "Takings Clause" which prohibits the government from taking private property for public use without just compensation. Whether you are faced with direct condemnation or regulatory takings that have limited the use or reduced the value of your property, our legal team is dedicated to providing vigorous, strategic representation to vindicate your rights. We navigate these often complex, multi-faceted takings claims with expertise and precision, working tirelessly to ensure that you receive the compensation you are entitled to when your property has been used or taken by the government. Contact us to discuss your specific situation and legal needs.

Unlawful Arrest Claims

Unlawful search and seizure cases under the Fourth Amendment often involve complex issues where government or law enforcement agencies are accused of infringing upon the rights of individuals to be free from unreasonable seizures or arrests. We diligently investigate every facet of an unlawful seizure case, and work tirelessly to deliver the justice and fairness our clients deserve. Contact us today to discuss your specific situation and legal needs. 

First Amendment Claims

The First Amendment safeguards the rights to free speech, religion, press, assembly, and petition, and we represent clients who believe these rights have been infringed upon by the government. Whether you have experienced censorship, suppression of religious freedom, interference with press rights, or curtailment of your right to assemble or petition, our team is ready to provide you with the robust legal support you require. Contact us today to discuss your specific situation and legal needs.

Other Constitutional Claims

There are many other constitutional tort claims that we assist with, including claims that arise from protections embedded within a state's constitution. Contact us today to discuss your specific situation and legal needs.

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