Practice Area

Civil Rights

Holding police, jails, and government officials accountable when they violate your constitutional rights, statewide across Missouri.


Overview

What is a Section 1983 civil rights claim?

The same government that prosecutes people is bound by the Constitution, and when officials break those rules, the law provides a way to hold them accountable. We represent people harmed by police misconduct, wrongful conviction, and unconstitutional treatment in Missouri’s jails and prisons.

Civil rights cases are demanding: they take investigation, persistence, and a willingness to stand up to powerful institutions. Most are brought under 42 U.S.C. §1983, the federal civil rights statute. They also carry strict filing deadlines, so it is important to speak with a lawyer early, well before the time to act runs out. If your case is about defending a freedom rather than recovering for harm already done, see our constitutional rights work.


What we handle

What kinds of civil rights cases do you take?

Police Misconduct & Excessive Force

When officers use force beyond what the law allows, make an arrest without cause, or conduct an unlawful search, we pursue accountability, including claims for excessive force, false arrest, and malicious prosecution.

Police misconduct & excessive force →

Wrongful Conviction

For people convicted of crimes they did not commit, we pursue the constitutional violations behind the conviction and the civil claims that can follow an exoneration.

Wrongful conviction →

False Arrest & Wrongful Detention

When police arrest or hold someone without probable cause, we bring claims for false arrest, wrongful detention, and malicious prosecution to hold them accountable.

False arrest & malicious prosecution →

Abuse & Neglect in Custody

People in jails and prisons keep their constitutional rights. We represent those harmed by excessive force, assault, inadequate medical care, and deliberate indifference to serious needs behind bars.

Jail & prison abuse →


Is this the right firm?

What civil rights cases does Vindex Law not handle?

Our civil rights practice is focused on one thing: claims against the government. Knowing that up front can save you time.

We handle

Claims against police officers, sheriff’s deputies, jail and prison staff, and other state or local government officials and agencies, for something that happened in Missouri. That includes force and injury, arrest or prosecution without cause, wrongful conviction, abuse or medical neglect in custody, and punishment for speech, protest, or religion. For firearm rights and government taking of property, see our constitutional rights work.

We do not handle

Claims against private people or companies, such as an employer, landlord, neighbor, store, private hospital, or private security guard not working with police. We also do not handle job discrimination, housing disputes, custody, divorce, or Children’s Division decisions, benefits or immigration matters, requests to have someone else criminally charged, or events outside Missouri.

If your complaint is about your own criminal case, such as a defense lawyer or public defender who failed you or a judge’s ruling, that is usually an appeal or post-conviction matter rather than a civil rights case. See our ineffective assistance guide and appeals page.

If your matter is outside what we handle, the Missouri Bar offers a free lawyer search at MissouriLawyersHelp.org and a legal resource line at 573-636-3635. Claims have time limits, so if you plan to pursue one, contact a lawyer soon.


Claims we bring

Who can you sue under Section 1983?

Every case turns on its own facts. These are among the claims we regularly pursue:

  • Excessive force by police or corrections officers
  • False arrest and wrongful detention
  • Malicious prosecution
  • Wrongful conviction and post-exoneration claims
  • Abuse and assault in custody
  • Inadequate medical care in custody
  • Deliberate indifference to serious medical needs
  • Unconstitutional jail and prison conditions

Before you contact us, read what we look for before taking a civil rights case. Criminal defense lawyers: see how a plea can affect a client’s civil rights claim.

Not sure whether what happened to you is a civil rights violation? If it involved the police, a jail or prison, or a government agency in Missouri, reach out and we will talk it through. When someone has died in custody, see our guide for families.


How we build a case

How do you prove a civil rights case?

Investigate what happened

We gather the proof: incident reports, body-camera and surveillance video, medical records, and witness accounts, before memories fade and records disappear.

Build the record

Working with the right experts and documentation, we establish what the Constitution required, what the officials did instead, and the harm it caused.

Pursue accountability

We file suit under §1983 and related law, litigate through discovery, and are prepared to take the case to a jury when a fair resolution isn’t offered.


Answers

Civil rights questions we hear

What is a Section 1983 claim?

42 U.S.C. §1983 is the federal statute that lets a person sue state and local officials who violate their constitutional rights while acting under color of law. It is the vehicle for most police misconduct, false arrest, and jail conditions cases.

Who can you sue under Section 1983?

Generally, individual officials acting under state or local authority, and in some circumstances the municipality or agency itself where a policy or custom caused the violation. Federal officers are pursued on a different footing. Who is properly named is one of the first questions in any case.

How long do you have to file a civil rights lawsuit in Missouri?

Section 1983 has no deadline of its own. In Missouri it borrows the personal injury limitation period, which is generally five years (RSMo 516.120(4)). Separate notice requirements can apply when a public entity is involved, and when someone has died, different rules and deadlines can apply. Evidence disappears much sooner than any deadline, so this is worth confirming early rather than late.

How difficult is it to sue a police department?

Difficult, and you should hear that from a lawyer rather than discover it later. Qualified immunity, the standards courts apply to force, and the resources behind a department are all real obstacles. That does not mean these cases cannot be won. It means they have to be built properly from the start.

How much is a civil rights case worth?

No honest lawyer will give you a number before seeing the facts. Value turns on the harm done, the evidence available, who is liable, and where the case is filed. We will tell you what we think the case is and is not, rather than what would be most persuasive.

Do I have to pay up front for a civil rights case?

No. When we take a civil rights case, we handle it on a contingent fee, meaning attorney fees come from any recovery. We will explain the terms before you commit to anything.


Talk to us about your case

A confidential conversation is the first step.

If your rights have been violated by the police, a jail, or a government official, reach out. You can reach us by phone or email.

Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. The information on this page is general and is not legal advice. Contacting Vindex Law, PC does not create an attorney-client relationship. Past results do not guarantee or predict a similar outcome in any future case.

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