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Practical Tips For Plaintiffs Pursuing Constitutional Tort Claims


The term constitutional tort may sound abstract to the uninitiated. Many people see the term constitution tort as a form of legal jargon reserved for scholarly debates or courtroom dramas. But these are tangible claims with real consequences. Constitutional tort claims are potent tools that empower individuals to seek justice when their constitutional rights have been violated by law enforcement.

Revolving around violations of the rights guaranteed by the United States Constitution, constitutional tort claims range from excessive force to false arrests. While these infringements should be rare occurrences, they unfortunately happen with alarming frequency. Have a conversation with a Baltimore police misconduct lawyer if you or someone you care about is grappling with physical, emotional, and financial repercussions of bad behavior by Maryland law enforcement.

Following Best Practices

For plaintiffs navigating the complex terrain of constitutional tort claims, a key first step to holding police officers and law enforcement organizations accountable is effectively building a case.

  • From the moment an incident occurs, meticulously document every detail. Record dates, times, locations, and the names of involved officers or witnesses. Preserve any physical evidence, such as photographs or medical records, that corroborate your account. A base of comprehensive documentation forms the foundation of a case and strengthens your credibility.
  • Educate yourself. Learn about your constitutional rights, such as the right to be free from unreasonable searches and the right to due process of law. Understanding your rights empowers you to recognize when they have been violated and take appropriate action.
  • File a complaint. If you believe you have been subjected to police misconduct, file a complaint with the appropriate oversight body, such as the Baltimore Police Department’s Internal Affairs Division or the Civil Rights Division of the Department of Justice. While internal investigations may not always yield immediate results, they contribute to a record of accountability.

Pursuing a constitutional tort claim can be incredibly complicated. Plaintiffs may encounter resistance, intimidation, or attempts to discredit their claims. A knowledgeable attorney can assess the merits of your case, navigate complex legal procedures, and advocate tirelessly on your behalf. They understand the nuances of constitutional law and can strategize the most effective approach to pursue justice.

Holding Parties Accountable and Pursuing Damages

In addition to seeking accountability, plaintiffs may be entitled to compensation for the harm they have endured. When you share the details of your situation with a Baltimore police misconduct lawyer, they can explore the possibility of securing monetary damages with you. Compensation in constitutional tort claims can include medical expenses, lost wages, emotional distress, and punitive damages to deter future misconduct.

Is it time for you to shine a light on misconduct by a Maryland law enforcement agency? When you connect with the dedicated attorneys at Iamele & Iamele, LLP they will prepare you for next steps and guide you through the process. You do not have to move through the complexities of the legal system and pursue a full and fair settlement package on your own. Contact us to book your fee-free appointment.

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