Standing Up for Citizens Against Government Behaving Badly
The government should take care of every citizen, but who can hold it accountable when it hurts you?
At Ward and Smith, we dedicate our Section 1983 Civil Rights practice to holding government officials accountable when they violate a citizen's constitutional rights. Our team stands up for individuals harmed by police misconduct, government abuse, and system failure—helping those victims who can feel powerless against the powers that be.
What Is Section 1983?
Section 1983 is part of a United States law found in Title 42 of the U.S. Code: 42 USC § 1983. This law provides a powerful federal remedy for a citizen when a government or government officials violate that citizen's constitutionally protected rights. This could be excessive force in an arrest, police brutality, deliberate indifference to the medical needs of a person who is in custody at a jail or prison, or retaliation against a citizen for speaking out and criticizing the government. 1983 civil rights cases are often the only way for the little guy, an average Joe or Jane, to try and get justice and accountability against the big politicians and government.
Our 1983 Practice Areas
Our areas of focus include:
- Police misconduct and excessive force claims
- Wrongful imprisonment and false arrest
- Improper or unauthorized search or seizure of property or person
- Deliberate indifference to medical needs of a person who is in custody at a jail or prison
- Death of a person who is in custody at a jail or prison
- First Amendment retaliation and free speech violations
- Due process violations in government proceedings or hearings
- Conditions of confinement in jails and prisons
- Municipal liability under the Monell doctrine
The Crisis of Deaths in North Carolina Custody
Statistics reveal a growing crisis in North Carolina’s jails:
- 56 people died in North Carolina jails in 2020, a record high, despite a reduced jail population during the COVID-19 pandemic (NC Health News; Disability Rights NC).
- Of those deaths, 32 were caused by suicide or substance use—up from 30 in 2019 and 22 in 2018, signaling a disturbing upward trend (Disability Rights NC).
- Each year, at least 128,000 individuals are booked into North Carolina jails, with an incarceration rate of 559 per 100,000 residents—one of the highest rates in the United States (Prison Policy Initiative).
These jail deaths are not just isolated incidents. Disability Rights North Carolina and other watchdog groups have repeatedly uncovered the truth: inadequate mental health and substance abuse treatment, ignored medical emergencies, and failures to follow suicide prevention protocols are common in jails across North Carolina. These system failures cry out for accountability and reform.
Fighting for Pre-Trial Detainees and Those in Custody
A significant portion of our clients are pre-trial detainees—individuals who may be in custody at a jail but have not been convicted of any crime. North Carolina’s jails have direct responsibility for the safety and medical care of these individuals. When officials ignore obvious medical needs, the consequences can be devastating, even fatal. For example, in one case, a man suffered a stroke in custody and was denied proper care for days despite complaining again and again to the jail's nursing team. This shows how urgent the need is for experienced lawyers to investigate and intervene in these situations to help fix the problems.
The Power of Body Camera Evidence
Body camera footage often tells the whole story in 1983 civil rights cases. It can either 1) show that the law enforcement officers acted appropriately, fully exonerating the officers; or 2) provide clear video and audio evidence of misconduct. This transparency is essential for both protecting good officers and holding the bad apples accountable.
Overcoming Qualified Immunity
Qualified immunity is a significant hurdle in 1983 civil rights cases. It shields many government officials from personal liability unless they violate “clearly established” legal rights. However, North Carolina courts—particularly within the Fourth Circuit that controls North Carolina federal courts—have shown a willingness to reject qualified immunity and allow claims to go forward against officials when the constitutional violations are clear. In the landmark case Cooper v. Sheehan, the Fourth Circuit blocked the law enforcement officers' attempt to avoid responsibility using the qualified immunity shield. The court allowed the civil rights claim to proceed because the evidence showed that the officers used deadly force against a person who posed no threat. Cooper reinforced that a single citizen can hold government officials, including law enforcement officers, accountable even in challenging cases.
Municipal Liability and Monell Claims
Under the Monell doctrine, government entities, such as cities, counties, and police or sheriff's departments, can be held liable when their policies or customs, or their lack of training or supervision, cause their individual officers to commit constitutional violations and hurt citizens. These claims are crucial for driving system changes and securing meaningful remedies for victims.
Proving municipal liability typically requires demonstrating a pattern of misconduct or a lack of policies or training, or even that the department has a policy that reinforces bad acts like deliberate indifference or excessive force. Often, when a victim pursues a Monell claim, it requires the support of an expert witness after a thorough investigation to gather the relevant policies, testimony, and other evidence.
First Amendment Protection for Government Employees
The First Amendment protects government employees in North Carolina who speak out about corruption or misconduct when acting as private citizens on matters of public concern. The Fourth Circuit’s decision in Hunter v. Town of Mocksville affirmed these protections, rejecting qualified immunity for government officials who retaliate against whistleblowers.
State Law Claims and Attorneys' Fees
1983 civil rights claims often include similar, but separate, state law tort claims in the same lawsuit. North Carolina law denies public officers immunity when officials act contrary to their duties. Additionally, a citizen who wins a 1983 civil rights case can recover attorneys' fees under 42 U.S.C. § 1988, making justice accessible even to those who cannot afford litigation.
Our Strategic Approach
Our approach includes:
- Early investigation and discussion with the involved government entities to preserve evidence, including body camera footage and witness statements
- Collaboration with experts on police tactics and use-of-force or medical services
- Deep familiarity with North Carolina’s federal court system and procedures
- Creative legal theories, including supervisory and municipal liability, and how to overcome immunity defenses
Why 1983 Civil Rights Cases Matter
1983 civil rights cases are about more than individuals obtaining fair compensation for the harm they suffered—they are a vital tool for holding the government accountable when it hurts a citizen and for protecting every citizen's constitutional rights. Every successful case helps protect the constitutional rights of all North Carolinian citizens and keeps massive governments in line.
Contact Us
If you believe North Carolina government officials have violated your constitutional rights—or those of a loved one— do not hesitate. Time is your enemy. Speed is critical. Evidence will disappear quickly, and strict statutes of limitations apply that could erase your ability to pursue a valid claim. Contact Ward and Smith immediately for a confidential consultation. We will evaluate your case, explain your rights, and fight to hold those responsible accountable.
“As a civil rights lawyer, I believe in holding the powers that be accountable. When government officials violate the Constitution, it’s not just about one victim—it’s about protecting everyone’s rights. We fight for justice not just in individual cases, but to create lasting change that protects the constitutional rights of all North Carolinians.” — Ellis Boyle
