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Constitutional Violations

The United States Constitution sets clear limits on what the government can and cannot do to the people it serves. It guarantees the right to due process before the government takes away your liberty or property, the right to equal treatment under the law, the right to speak freely and criticize the government without fear of punishment, and the right to be free from cruel and unusual punishment. These rights apply to every person regardless of whether they are interacting with a federal agency, a state government, a local municipality, or a public institution such as a jail or prison.


At Justly Prudent, we represent individuals whose constitutional rights have been violated by government officials and government institutions. These cases go beyond police encounters and reach into every area where the government exercises power over people's lives—from prisons and detention facilities where people are subjected to inhumane conditions, to government workplaces where employees are punished for speaking out, to administrative proceedings where people are denied a fair hearing before losing their benefits, their licenses, or their livelihoods. We bring these claims under Section 1983 and other federal and state laws that hold government actors accountable when they overstep their authority.

 

Our legal professionals have deep experience navigating the complex legal doctrines that arise in constitutional litigation, including qualified immunity, and we are committed to fighting for justice even when the legal landscape makes these cases challenging. We serve clients in Maryland, the District of Columbia, Virginia, Florida, and Massachusetts. 

 

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
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Constitutional Harm Practice Areas

Equal Protection Violations

The Equal Protection Clause of the Fourteenth Amendment requires the government to treat all people equally under the law. When government officials treat individuals differently based on race, ethnicity, gender, religion, or other protected characteristics without a legally sufficient reason, they violate the Equal Protection Clause. This can occur in policing, in government employment, in access to government services, and in the administration of government programs. Our firm represents individuals who have been subjected to unequal treatment by government actors and works to hold those officials accountable for discriminatory practices. Contact us to discuss your specific situation and legal needs.

Due Process Violations

The Fifth and Fourteenth Amendments guarantee that no person shall be deprived of life, liberty, or property without due process of law. Due process has two components: procedural due process, which requires the government to follow fair procedures before taking action that affects a person's rights, and substantive due process, which protects individuals from arbitrary or outrageous government conduct. Due process violations can occur when the government takes away a person's property, liberty, or livelihood without providing adequate notice or a meaningful opportunity to be heard. Our legal professionals assist individuals whose due process rights have been violated by government officials. Contact us to discuss your specific situation and legal needs.

Taking of Property Without Fair Compensation

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.

First Amendment Retaliation

The First Amendment protects the right of every person to speak freely, express their opinions, criticize the government, assemble peacefully, petition for change, and practice their religion without government interference. First Amendment retaliation occurs when a government official takes adverse action against someone (such as arresting them, firing them, or otherwise punishing them) because that person exercised their First Amendment rights. Common examples include police officers arresting protesters, government employers firing workers who speak out about misconduct, and officials retaliating against individuals who file complaints. Our attorneys represent individuals who have been punished by the government for exercising their constitutional right to free expression. Contact us today to discuss your specific situation and legal needs. 

Failure to Train or Supervise

When a government agency, such as a police department, fails to properly train or supervise its employees, and that failure leads to constitutional violations, the agency itself may be held liable. These claims are often brought against municipalities and government entities that have a pattern or practice of tolerating misconduct, failing to investigate complaints, or failing to provide officers with adequate training on the use of force, constitutional rights, or proper procedures. Our firm has experience holding government agencies accountable for systemic failures that contribute to constitutional violations. Contact us today to discuss your specific situation and legal needs.

Qualified Immunity Challenges

One of the biggest obstacles in constitutional rights cases is a legal doctrine called qualified immunity, which can shield government officials from being held personally liable even when they have violated someone's constitutional rights. Under qualified immunity, an official can only be held liable if the right they violated was "clearly established" at the time of their conduct. This is a complex and evolving area of the law, and successfully overcoming a qualified immunity defense requires careful legal research and strategic litigation. Our firm has deep experience navigating qualified immunity challenges and building cases that can withstand this defense. Contact us today to discuss your specific situation and legal needs.

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