Constitutional Tort And Your Rights
If you live in Maryland, your constitutional rights are protected under both the federal constitution and the constitution for the state of Maryland. If your constitutional protections are violated by government officials or organizations, a constitutional tort claim could be the legal action you decide to take in order to hold those parties accountable.
After an injury involving a government entity, it is possible your case will be both a personal injury case and a constitutional tort case. Once a Baltimore personal injury lawyer has analyzed the facts of your case, they can guide you toward justice and compensation, if applicable.
Fourth Amendment Rights and Other Protections
An instance of constitutional tort in the state of Maryland could be when a police officer uses excessive force. If you were in a situation where a law officer used excessive force during your arrest, there may be a path to investigating the police officer for an unreasonable search and seizure. Unreasonable searches are a violation of a person’s Fourth Amendment rights under the US Constitution, protections that are in place on a federal level.
Of course, in order for your constitutional tort claim to be successful, you will have to prove that your rights were violated and have evidence of harm that was sustained as a result of the violation stated in your claim.
Assessing the Possibility of Qualified Immunity
There are limits on claims in order to protect the government from lawsuits that are of little weight or importance. One of these is qualified immunity. In the state of Maryland, your claim must be able to overcome immunities. This is possible, as long as there is proof of the government employee or organization committing a violation against your rights in a reckless way or with harmful intentions.
There may also be the possibility of suing a state employee or government personally if you were physically injured due to their reckless behavior. For this to occur, their negligent behavior needs to have taken place outside of their work for the state of Maryland. Every situation needs to be reviewed individually.
To explore the possibility of suing a government entity, bring the details of your rights violation to the attention of Baltimore personal injury lawyer. You have rights, and if your rights were violated, either due to force by a police officer or discriminatory practices from a government organization, there could be a legal avenue to justice. While it is true that a person or entity may be able to suggest that they are protected due to qualified immunity stipulations, it is also true that with enough evidence, a claim can move forward.
Do you believe your constitutional rights were violated in the state of Maryland? A knowledgeable Baltimore and DC lawyer knows how to fully assess your situation and pave a path to justice. Determining whether an official is immune or not depends on the circumstances. The legal team at Iamele & Iamele, LLP has extensive background in protecting the state and federal rights of Maryland citizens. Contact us today to book your confidential consultation.