What to Do If Your Rights Are Violated
We understand how overwhelming it can feel when your constitutional rights are violated. You're not alone, and there are steps you can take. We're here to help guide you through this process.
First, Take a Breath
If you're reading this because something happened to you, we want you to know: what happened wasn't okay. Your rights matter. Your experience matters. Whatever you're feeling right now—anger, fear, confusion, helplessness—those feelings are valid. Many people have been where you are, and many have successfully sought justice. You can too.
Immediate Steps (Within 24-48 Hours)
The actions you take in the first hours and days after an incident can significantly impact your case.
Ensure Your Safety
Your physical and emotional safety comes first. If you need medical attention, seek it immediately—and make sure your injuries are documented in medical records. If you're in danger, remove yourself from the situation and get to a safe place.
Medical records can be important evidence later.
Write Everything Down
As soon as possible, write down everything you remember about the incident:
- Date, time, and exact location
- Names, badge numbers, and descriptions of officers
- What was said (as close to verbatim as possible)
- What actions were taken
- Names and contact info of any witnesses
Details fade quickly—write them down now.
Preserve All Evidence
Protect any evidence you have:
- Back up any videos or photos to cloud storage immediately
- Save text messages, emails, or voicemails
- Keep clothing worn during the incident (unwashed) if there was physical contact
- Take photos of any injuries or property damage
- Screenshot any relevant social media posts
Evidence can disappear—secure it right away.
Identify Witnesses
Witnesses can be crucial to your case:
- Get names and contact information of anyone who saw what happened
- Ask if they recorded any video
- Check if nearby businesses might have security camera footage
- Note if there were other officers or officials present
Independent witnesses add credibility to your account.
Request Official Records
Government agencies create records of their actions. You have a right to request these.
Body Camera Footage
Many police departments require officers to wear body cameras. Submit a written request for any body camera footage from the incident. Do this quickly—some departments only retain footage for 30-90 days.
Police Reports
Request a copy of any police reports filed about the incident. Compare it to your own account—discrepancies can be important evidence of false statements or misconduct.
911/Dispatch Recordings
Request 911 call recordings and dispatch logs. These can show what information officers had (or didn't have) before they contacted you.
How to Make a Records Request: Most agencies accept FOIA (Freedom of Information Act) or state public records requests. Send your request in writing, be specific about what you want, and keep a copy for your records. Many agencies have online portals for submitting requests.
— Based on ACLU guidance on public records requestsKnow Your Options
You have several paths available to you. They're not mutually exclusive—you can pursue multiple options.
Section 1983 Civil Rights Lawsuit
Under 42 U.S.C. Section 1983, you can sue government officials who violated your constitutional rights. This is the most powerful tool for holding officials accountable and recovering damages.
You can recover:
- Compensatory damages (medical bills, lost wages, pain and suffering)
- Punitive damages (to punish particularly bad conduct)
- Declaratory relief (official recognition that your rights were violated)
- Injunctive relief (court orders to change policies)
- Attorney's fees (if you win)
Internal Affairs Complaint
You can file a complaint with the police department's internal affairs division or civilian oversight board. While this may not result in compensation for you, it creates an official record and may lead to discipline or policy changes.
Benefits:
- Creates official documentation of the incident
- May trigger an internal investigation
- Can establish a pattern if the officer has prior complaints
- May lead to discipline, retraining, or termination
Note: Internal investigations have mixed results, but the documentation can support other legal actions.
DOJ Civil Rights Complaint
The U.S. Department of Justice Civil Rights Division investigates patterns of civil rights violations by police departments. Individual complaints help identify systemic problems.
File online at: civilrights.justice.gov
Contact Civil Rights Organizations
Organizations like the ACLU, NAACP, and local legal aid societies may be able to help with your case, provide referrals, or take on cases that have broader implications for civil rights.
Important: Time Limits Apply
Section 1983 claims have a statute of limitations—a deadline by which you must file your lawsuit. This varies by state but is typically 2-3 years from the date of the incident.
Don't wait. The sooner you document your case and consult with an attorney, the better your chances of success. Evidence can disappear, memories fade, and witnesses become harder to locate over time.
What NOT to Do
Avoiding these common mistakes can protect your case.
Don't Post on Social Media
As tempting as it is to share what happened, avoid posting details about the incident on social media. Defense attorneys will search your posts for anything they can use against you. If you must post, keep it vague and consult with an attorney first.
Don't Destroy Evidence
Never delete videos, messages, or other potential evidence—even if it seems embarrassing or unhelpful. What seems irrelevant to you might be crucial to your case. Let an attorney decide what's useful.
Don't Give Recorded Statements
If representatives from the agency that violated your rights contact you, don't give any recorded statements without consulting an attorney first. They may be gathering information to defend against your potential claim.
Don't Accept Quick Settlements
Some agencies may offer quick settlements to make problems go away. Before accepting any offer, understand the full extent of your damages and what your case might be worth. Consult with an attorney.
Ready to Document Your Case?
Our guided tool helps you organize your information, document the incident, and build your Section 1983 complaint step by step. You don't have to do this alone.
You Have the Right to Seek Justice
The Constitution exists to protect you. When government officials violate your rights, Section 1983 gives you the power to hold them accountable. Many people have successfully pursued justice for civil rights violations—and you can too.
Remember: seeking justice isn't just about you. Every successful civil rights case helps establish precedents that protect everyone's freedoms.