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 Iamele & Iamele LLP. Baltimore Personal Injury Lawyers
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Landmark Constitutional Tort Cases

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Having an understanding of what a constitutional tort claim is and knowing when you have grounds to pursue such a case is part of protecting your civil liberties. When you discuss your situation with a Baltimore police misconduct lawyer, you can explore what constitutes a constitutional tort case, discuss if you might have a valid claim, and review some landmark cases in the United States and Maryland that have shaped this legal landscape.

When to Move Forward with a Constitutional Tort Case

A constitutional tort occurs when a government official, such as a police officer, prison guard, or other public servant, violates an individual’s constitutional rights. Unlike regular torts, which deal with personal injuries or property damage, constitutional torts focus on breaches of constitutional protections. The most common constitutional tort claims involve violations of the First, Fourth, Eighth, and Fourteenth Amendments, such as unlawful searches and seizures, cruel and unusual punishment, and due process violations.

To pursue a constitutional tort claim, the following elements must generally be present.

  • Government official. The defendant must be a government official acting under the color of law.
  • Constitutional right. There needs to have been a violation of a plaintiff’s constitutional right.
  • The plaintiff must have suffered an injury or harm as a result of the violation.
  • A direct link between the government official’s actions and the plaintiff’s injury has to be established.

If these elements are met, an individual may have a valid constitutional tort claim. It is important to consult with an experienced attorney to evaluate the specifics of the case and determine the best course of action.

Notable Constitutional Tort Cases in Maryland

Maryland has seen significant constitutional tort cases that have shaped state and federal law. For example, Owens v. Baltimore City State’s Attorney’s Office. In this 2014 case, the Fourth Circuit Court of Appeals held that the Baltimore City State’s Attorney’s Office could be sued under Section 1983 for allegedly withholding exculpatory evidence in a murder trial. This decision reinforced the accountability of prosecutorial offices for constitutional violations.

Additionally there was Johnson v. Maryland in 1993. Johnson involved a Maryland state trooper who conducted an unlawful search of a vehicle, violating the Fourth Amendment. The Maryland Court of Appeals ruled in favor of the plaintiff, emphasizing the necessity for law enforcement to respect constitutional protections against unreasonable searches and seizures.

These landmark cases highlight that both federal and local government officials can be held accountable for violating constitutional rights. The courts have consistently upheld individuals’ rights to seek redress for constitutional violations, underscoring the importance of civil liberties. So if you believe you have a case, consult with a knowledgeable Baltimore police misconduct lawyer for further guidance and to explore your legal options.

How do you plan to protect your rights? There are past constitutional tort cases that establish precedents to inform current legal practices and strengthen future claims. Contact the attorneys at Iamele & Iamele, LLP to access representation tailored to your specific circumstances. Contact us to book a confidential appointment.

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Case Results

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