When the government abuses its power, the law provides a remedy.

Section 1983 of the Civil Rights Act allows a person whose constitutional rights were violated by someone acting under color of state law to sue for damages. It is the statute under which most claims against police officers, deputies, jailers and local governments are brought.

These cases are defended aggressively, often with early motions to dismiss on qualified immunity and appeals before trial. They are won by lawyers who know the federal courts, preserve the evidence before it is overwritten, and are prepared to try the case to a jury. Mr. Powell has tried civil rights actions under section 1983.

Claims the firm brings

Excessive force

The Fourth Amendment permits only the force that is objectively reasonable under the circumstances the officer faced. Striking a compliant person, using a baton, Taser or firearm when no threat existed, or continuing force after a person is restrained can all be actionable. The firm resolved a claim for a teenager who was struck in the head with a police baton after handing over his driver's license.

False arrest and malicious prosecution

An arrest without probable cause violates the Fourth Amendment, and a prosecution begun without probable cause may support a claim once the charges end in the accused's favor. The disposition of the criminal case can affect the civil claim, so it is important to consult counsel before accepting any plea.

Jail and prison medical neglect

People in custody have a constitutional right to care for serious medical needs. Deliberate indifference—ignoring a known risk, delaying emergency treatment, withholding medication or failing to protect a detainee from harm—may be actionable against the responsible officers and medical contractors, and in some circumstances against the county or sheriff.

Unlawful searches, retaliation and other abuses

Searches of homes and vehicles without a warrant or valid exception, retaliation for protected speech or for filing complaints, and other misuse of government authority may give rise to claims under the First, Fourth and Fourteenth Amendments.

Municipal liability

A city, county or sheriff is liable under section 1983 only when the violation was caused by an official policy or custom, including a failure to train, supervise or discipline officers that amounts to deliberate indifference. Proving that claim requires internal affairs files, prior complaints, training records and use-of-force data, obtained through Florida's public records law and through discovery.

Related state-law claims

Battery, false imprisonment, negligence and wrongful death claims may also be brought against the agency under section 768.28, Florida Statutes, which waives sovereign immunity within limits, requires written notice before suit, and caps the recovery against the government unless a claim bill is passed.

Qualified immunity, and why preparation decides these cases

Individual officers may assert qualified immunity, which shields them unless the right they violated was clearly established at the time. The defense is raised early, can be appealed before trial, and is decided largely on the facts the plaintiff can prove at the outset. A case supported by video, documents and witness statements gathered in the first weeks is in a different position from one that relies on the client's account alone.

Evidence that must be preserved immediately

• Body-worn and dash camera video, which many agencies retain for only a limited period unless a request or preservation demand is made
• 911 recordings, dispatch logs and radio traffic
• Cell-phone video from bystanders, and the names of the people who recorded it
• Surveillance video from nearby businesses and homes
• Booking records, use-of-force reports, incident reports and medical records from the jail
• Photographs of injuries, taken as soon as possible and again as they develop
• The complete record of any criminal case

Deadlines

Section 1983 borrows the limitations period for personal injury actions from the state where the claim arose. In Florida that period has long been four years, but the 2023 legislation shortening the period for negligence claims to two years has created uncertainty about claims arising after March 24, 2023. The safe course is to treat two years as the deadline. State-law claims against a government agency require written notice within three years (two years for wrongful death) and a waiting period before suit. Claims against federal officers follow different rules, including an administrative claim that must be presented within two years.

Fees

Civil rights cases are handled on a contingency fee, and the firm advances the costs. Federal law also allows a prevailing plaintiff to recover attorney's fees from the defendants, which strengthens the position of a well-prepared case.