A Basic Overview Of Constitutional Tort Protections For Maryland Residents

Filing a constitutional tort claim is not a straightforward process. To succeed, a harmed party must prove that a government official acted under the authority of the law and violated a clearly established constitutional right. Violations can range from unlawful arrests to excessive use of force or the denial of due process.

Understanding protections is key to holding the government accountable and seeking justice. A constitutional tort case refers to a wrongful action committed by a government official that infringes upon a person’s rights as guaranteed under the U.S. Constitution. For Maryland residents, a claim typically involves violations to rights protected under the Fourth, Fifth, or Fourteenth Amendments. To discuss the details of your situation, connect with a Baltimore police misconduct lawyer.

Common Examples of MD Constitutional Tort Cases

While each situation is unique, some of the most common constitutional tort claims that Maryland residents move forward with include one or more of the following.

• Police misconduct. Unlawful searches, seizures, false arrests, and excessive use of force are frequent reasons for filing a constitutional tort claim. For instance, a Maryland resident who is subjected to excessive force during an arrest may be able to file a claim for a violation of their Fourth Amendment rights.
• Unlawful detention following an arrest. When law enforcement officers arrest someone without probable cause or a valid warrant, it can be a violation of the Fourth Amendment. Maryland residents can challenge these actions.
• Violation of a person’s right to free speech. Government officials, including law enforcement officers, cannot infringe on a person’s right to free speech. Residents who face retaliation or punishment for exercising their First Amendment rights may have a valid claim.
• Due process violations. There is a legal guarantee that individuals are given fair procedures before being deprived of life, liberty, or property. Violations may occur in situations such as unlawful property seizures or denial of rights in criminal proceedings.

One significant challenge to constitutional tort claims is qualified immunity, a legal doctrine that protects government officials from personal liability unless it is proven they violated a constitutional right that is clearly established. This can make it difficult to hold officials accountable, as courts often defer to their judgment.

How a Maryland Attorney Can Help

Pursuing a constitutional tort claim requires thorough legal knowledge and experience in navigating complex constitutional laws. A Baltimore police misconduct lawyer will take time to listen compassionately to the specifics of your situation.

Once your attorney has a full comprehension of your claim, they will evaluate whether your rights were violated and whether a lawsuit can be pursued. If so, they’ll build a strong case, both gathering evidence and navigating the legal complexities of overcoming qualified immunity defenses.

Should you talk to a lawyer? If you believe your constitutional rights have been infringed, consulting with the experienced attorneys at Iamele & Iamele, LLP is an essential first step toward holding others accountable. Constitutional tort protections provide Maryland residents with an avenue for seeking justice when their rights are violated by government officials. Contact us today to schedule a confidential consultation.