A Bivens claim is a civil rights lawsuit filed against a federal official for violation of a person’s civil rights. It’s an “implied cause of action,” which means it is not expressly authorized by statute, but the courts have authorized this type of lawsuit because there was otherwise no remedy for people who are hurt ...
Police misconduct is more common than you may think, and often goes unreported and unaddressed. Why? Because victims of police misconduct are often fearful of the consequences if they complain or fight back. Because police officers know that their supervisors and their departments will get behind them in all but the most egregious of cases. ...
What’s the difference between the SC State Tort Claims Act (SCSTCA) and 42 USC § 1983? If you want to sue the government for anything – police misconduct, false arrest, breach of a contract, or even a car crash with a government vehicle – you must file suit under a statute or theory that gives ...