Constitutional Issues & Claims

Public Employee Claims

State and local government employees have constitutional and civil rights claims under multiple federal laws.

Murray Law welcomes the opportunity to provide experienced counsel and legal representation to employees seeking to remedy deprivations of their constitutional and civil rights.

Individuals with potential constitutional and civil rights claims relating to public sector employment are served by promptly consulting an attorney to understand their rights, claims, remedies, and responsibilities.

Section 1983 Claim

Under 42 U.S.C. Section 1983, a federal law, individuals may enforce rights under the United States Constitution in state and local government employment.

Examples of Section 1983 claims include:

• Violations of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. A person may assert discrimination based on race or gender.
• Violations of the Due Process Clause of the Fourteenth Amendment. A person may assert the deprivation of property or liberty in employment without due process of law.
• Violations of the First Amendment. The First Amendment protects the rights to the freedoms of speech, expression, association, and religion.

State and local government employees may have legal claims other than Section 1983 claims to contest a deprivation of their constitutional or civil rights in employment.

Immunity

Any person alleging a civil rights or constitutional claim against a state, municipal, or county government or against an employee of an entity, must evaluate the potential legal immunities available to potential defendants for the specific claim in issue.

Colorado Law Enforcement Integrity and Accountability Act

In June 2020, Colorado enacted the Law Enforcement Integrity and Accountability Act.

This Act provides a claim for individuals against police officers who violate their constitutional rights under Colorado law. This law eliminates qualified immunity for police officers in Colorado as a defense to avoid liability for their misconduct.

Colorado Governmental Immunity Act

Any person seeking to file a claim for a tort, an act or omission causing an injury or harm to another, against a Colorado public entity or public employee must consult the Colorado Governmental Immunity Act.

The Colorado Governmental Immunity Act provides immunity for specific claims and imposes notice requirements for designated claims against public entities or public employees.

Conclusion

Murray Law welcomes the opportunity to provide state and local government employees with experienced counsel and representation about potential claims for violations of their constitutional and civil rights. Please call Steven Murray at 720-600-6642.