A violation of constitutional rights occurs when a government actor, such as a police officer, prosecutor, or other public official, infringes on a right guaranteed by the U.S. Constitution or the California Constitution. That includes searching you without a valid warrant or exception, arresting you without probable cause, using excessive force, or denying you due process. These protections were written to limit what the government can do to any individual, regardless of who they are or what they are accused of, and a single unlawful act by a single officer is enough to give rise to a legal claim. Too many people assume a violation has to be dramatic or widely publicized to matter. It doesn’t. If your rights were violated, the law gives you a path to accountability, and that path should never be ignored.
What Are Constitutional Rights, Exactly?
The U.S. Constitution’s Bill of Rights and its later amendments protect specific freedoms from government interference: the Fourth Amendment against unreasonable searches and seizures, the Fifth and Fourteenth Amendments guaranteeing due process and equal protection, and the First Amendment protecting speech, including the right to record police in public. You can review the full text of these protections through the U.S. Constitution’s Bill of Rights. California’s own Constitution provides additional protections, some broader than their federal counterparts, and California’s Bane Act (Civil Code § 52.1) creates a state law claim whenever someone uses threats, intimidation, or coercion to interfere with those rights. Federally, 42 U.S.C. § 1983 is the statute that lets individuals sue government officials and agencies for constitutional violations committed under color of law. Together, these federal and state tools form the backbone of nearly every civil rights case Kirakosian Law brings on behalf of Los Angeles clients.
Common Constitutional Rights Violations We See in Los Angeles
The violations we handle most often include unlawful searches and seizures conducted without a warrant or a recognized exception, wrongful or false arrest made without probable cause, excessive or deadly force used during a stop, arrest, or in-custody encounter, due process violations including fabricated evidence or coerced statements, and First Amendment retaliation against people who record, question, or criticize police conduct. Any one of these, standing alone, can support a civil rights claim under Section 1983, the Bane Act, or both.
How Violations Happen During Police Encounters
Most constitutional violations we see in Los Angeles begin with an otherwise routine encounter, such as a traffic stop, a street stop, or a call for service, that goes wrong when an officer exceeds the scope of what the law allows. That might mean searching a vehicle without justification, extending a brief stop into a prolonged detention without new facts, ignoring a person’s clearly invoked right to remain silent, or escalating to force when a situation did not call for it. What separates a lawful encounter from an unlawful one is almost always whether the officer’s actions stayed within clearly defined constitutional limits or stepped outside them.
Steps to Take After a Violation
If you believe your rights were violated, document everything you can as soon as possible, including officer names and badge numbers, patrol car numbers, witness contact information, and any video, whether it’s your own footage, a bystander’s recording, or nearby surveillance. Write down what happened while it’s fresh, including exactly what was said and in what order events occurred. Seek medical attention if you were injured, and keep every record. Just as important, act quickly. Claims against government entities in California often require a formal written claim within six months of the incident, and missing that window can permanently bar an otherwise strong case.
Why Legal Representation Matters
Constitutional rights cases are rarely simple. They often combine multiple overlapping legal theories, run into governmental immunity defenses, and carry short, technical filing deadlines that can end a case before it starts. An experienced civil rights attorney knows how to build a claim around these obstacles rather than being caught by them, and how to value a case based on real precedent rather than guesswork. Constitutional protections exist to protect everyone, and acting on a violation is how those protections stay meaningful.
If your constitutional rights were violated in Los Angeles, Kirakosian Law offers a free, confidential case review. We work on contingency, so you pay no attorney’s fees unless we win. Contact us today to discuss what happened and what your options are.
Alt text: A civil rights attorney shaking hands with a client after a free consultation at Kirakosian Law’s Los Angeles office
FAQs
1. Can you sue for a violation of constitutional rights in California?
Yes. Federal law under 42 U.S.C. § 1983 and California’s Bane Act both allow individuals to sue officers and, in some cases, their employing agency, for constitutional violations committed under color of law.
2. What is considered a violation of constitutional rights?
A violation occurs any time a government actor, most often a police officer, infringes on a right protected by the U.S. or California Constitution, such as an unlawful search, a false arrest, excessive force, or a denial of due process.
3. How long do I have to file a claim for a constitutional rights violation in California?
Deadlines are short and strict. Claims against government entities often require a formal written claim within six months of the incident, while federal civil rights claims generally follow a two year statute of limitations. Missing these windows can permanently bar a case.
4. Do I need video evidence to prove a constitutional violation?
No. Video helps, but witness statements, medical records, and official reports can also establish a claim. An attorney can help identify and preserve evidence you may not know exists.
5. What compensation can I recover for a constitutional rights violation?
Depending on the facts, compensation can include medical expenses, lost income, pain and suffering, emotional distress, and in cases of egregious misconduct, punitive damages.
Does it matter if criminal charges against me were dropped?
Often it helps. Dismissed or favorable-outcome criminal charges can actually strengthen a related civil claim, since the two cases are separate and a civil claim does not depend on a criminal conviction.