Unlike prisoner civil rights claims, most civil rights plaintiffs do not need to exhaust state remedies before filing a § 1983 claim against the government.  This means that § 1983 is generally a cumulative cause of action, that can be brought along with any other relief allowed under state law.  The civil rights attorneys at [...]

Third-party standing is a limited doctrine that allows plaintiffs to file lawsuits in federal court based on the rights of others.  The civil rights attorneys at Miller Law Group can help you navigate the complexities of federal litigation. To have standing to bring a lawsuit in federal court every plaintiff must show (1) that they [...]

Although § 1983 is a federal statute allowing civil rights claims against the government, § 1988 provides that state law will supplement where federal law is silent.  If your rights were violated, the civil rights attorneys at Miller Law Group can help you navigate the complexities of this area of law. Under § 1988, the state [...]

The availability of injunctive relief against the federal government has long been a powerful exception to the government’s sovereign immunity.  If you were harmed by an unconstitutional act of the government, Miller Law Group can help you assess your possible remedies. In addition to monetary damages, civil rights plaintiffs may be able to receive injunctive [...]

The Federal Tort Claims Act (FTCA) is an important federal statute that allows individuals to sue the federal government.  The experienced civil rights attorneys at Miller Law Group can help you navigate this act if you were harmed by the federal government. While Bivens actions allow you to file a civil lawsuit against federal agents [...]

Issue preclusion—known at common law as collateral estoppel—generally prevents parties from relitigating an issue that was already decided in a prior case.  The Supreme Court has expressly held that issue preclusion applies to §1983 claims.  The experienced civil rights attorneys at Miller Law Group can help you determine if preclusion affects your claim. Issue preclusion [...]

Civil rights claims under § 1983 require that the defendant acted “under color of law.”  While this is often a simple determination, some scenarios—like off-duty officers—can pose a more intensive analysis.  The experienced civil rights attorneys at Miller Law Group can help you avoid potential pitfalls in this area of civil rights law. In the [...]

State sovereign immunity protects states from liability in certain instances.  The experienced civil rights attorneys at Miller Law Group can help you navigate this doctrine if you have a civil rights claim against a state government. The Eleventh Amendment to the U.S. Constitution protects states from suits by citizens of other states.  In Hans v. [...]

The Fourth Circuit has rendered a decision on the impact of the PLRA on statutes of limitations.  The experienced civil rights attorneys at Miller Law Group can help you navigate changing precedent in the area of prisoners’ rights. The Prison Litigation Reform Act (PLRA) is a federal law that severely restricts prisoners’ ability to bring [...]

Absolute and qualified immunity are legal doctrines that may shield government officials from liability.  The experienced civil rights attorneys at Miller Law Group can help you navigate this area of law if your rights have been violated by a government official. In nearly every civil rights case, government officials will attempt to assert immunity as [...]