When law enforcement officers violate your constitutional rights, you have the right to fight back in federal court. Excessive force, unlawful arrest, unlawful search and seizure, and other forms of police misconduct are not just wrong — they are actionable violations of your civil rights under federal law. Stroebel & Stroebel, PLLC represents victims of police misconduct throughout West Virginia in both state and federal court.
This is not the kind of case every personal injury attorney can handle. Civil rights litigation under 42 U.S.C. § 1983 requires specific experience with constitutional law, federal procedure, and the unique defenses — including qualified immunity — that government defendants raise. It requires a lawyer who is genuinely willing to go up against law enforcement agencies, municipalities, and the state.
We are.
What Is a Section 1983 Civil Rights Claim?
42 U.S.C. § 1983 is a federal civil rights law that allows individuals to sue government officials — including police officers — for violations of their constitutional rights. To prevail, you generally need to show:
- The defendant was acting “under color of law” (in their official capacity as a law enforcement officer)
- The defendant’s conduct violated a right secured by the U.S. Constitution or federal law
Most police misconduct cases involve the Fourth Amendment (protection against unreasonable search and seizure), the Eighth Amendment (prohibition on cruel and unusual punishment for convicted prisoners), or the Fourteenth Amendment (due process and equal protection for pretrial detainees).
Section 1983 claims are filed in federal court — the U.S. District Court for the Southern District of West Virginia — though they can also proceed in state court. Stroebel & Stroebel has experience in both forums.
Types of Police Misconduct We Handle
Excessive force. Officers are permitted to use reasonable force — but not more. When an officer uses force that is not objectively reasonable under the circumstances, it is a constitutional violation. This includes:
- Beating, punching, or kicking a suspect who is not resisting
- Using a taser, pepper spray, or other weapons on a compliant or restrained individual
- Using deadly force when it was not necessary to prevent death or serious bodily harm
- Slamming a suspect’s head against a hard surface during an arrest
Wrongful arrest and false imprisonment. An arrest without probable cause violates the Fourth Amendment. If an officer arrested you based on a hunch, a mistake, or fabricated information — and you were detained as a result — you may have a civil rights claim.
Unlawful search and seizure. Warrantless searches that don’t fall within a recognized exception to the warrant requirement violate the Fourth Amendment. Illegal searches that lead to criminal charges can sometimes form the basis of both a suppression motion in the criminal case and a civil rights lawsuit.
Malicious prosecution. If an officer deliberately filed false charges against you — with no legitimate probable cause and for improper purposes — you may have a malicious prosecution claim alongside the wrongful arrest claim.
Failure to intervene. Officers who witness a colleague’s use of excessive force and do nothing to stop it can themselves be held liable under Section 1983. A duty to intervene exists when an officer has a realistic opportunity to prevent a constitutional violation.
Retaliation for protected speech. Retaliating against someone for exercising their First Amendment rights — filming police activity in public, for example — is a constitutional violation.
Sexual assault by law enforcement. Sexual assault committed by an officer under color of authority is a serious federal civil rights violation with both criminal and civil consequences.
The Qualified Immunity Defense — and How We Overcome It
Qualified immunity is the most powerful defense available to law enforcement defendants in Section 1983 cases. It protects officers from civil liability unless the plaintiff can show that the officer violated a “clearly established” constitutional right that a reasonable officer would have known about.
This doctrine has been heavily criticized for making it extremely difficult to hold officers accountable. Successfully overcoming qualified immunity requires:
- Identifying prior case law that clearly established the constitutional right at issue
- Demonstrating that no reasonable officer could have believed the conduct was lawful
- Building a factual record that prevents the officer from claiming good faith
This requires experience with civil rights case law and federal litigation. It is not a casual undertaking — but it is one we are prepared for.
Suing the Municipality or County — Monell Claims
Under Monell v. Department of Social Services, you can hold a city, county, or other government entity liable for a constitutional violation if the violation resulted from an official policy, custom, or widespread practice — or from a failure to adequately train or supervise officers.
Monell claims are critical because:
- Individual officers may have limited personal assets
- Municipalities carry insurance and have the ability to pay significant judgments
- They create accountability at the institutional level, not just for individual officers
We evaluate every police misconduct case for Monell liability and pursue it aggressively when the evidence supports it.
Damages Available in a Police Misconduct Case
Successful Section 1983 plaintiffs can recover:
- Compensatory damages for physical injuries, emotional distress, medical bills, and lost income
- Attorneys’ fees under 42 U.S.C. § 1988 — a critical provision that shifts fees to the defendant when a plaintiff prevails
- Punitive damages against individual officers whose conduct was malicious or showed reckless disregard for constitutional rights
The availability of attorneys’ fees makes civil rights litigation viable even in cases where economic damages are limited. Justice — not just compensation — is a legitimate goal.
Frequently Asked Questions
Is there a deadline to file a Section 1983 civil rights claim?
West Virginia’s two-year personal injury statute of limitations generally applies to Section 1983 claims. However, complex tolling rules may apply in some cases. Additionally, some causes of action such as false arrest only have a one-year statute of limitations, generally. Contact us as soon as possible.
What if I was charged with a crime arising from the same incident?
This is common. A criminal charge does not prevent you from pursuing a civil rights claim — they proceed on separate tracks. In some cases, an acquittal or dismissal of charges strengthens your civil claim. We can advise you on how the two proceedings interact.
What if there are no injuries — can I still sue?
You may be able to recover nominal or punitive damages even without significant physical injury, depending on the nature of the constitutional violation. Each case is evaluated individually.
Will suing the police affect my criminal case?
We coordinate carefully to ensure that your civil litigation strategy does not inadvertently harm your criminal defense. If you have both a criminal case and a civil rights claim, we work with your criminal defense counsel to protect both.
Contact a West Virginia Civil Rights Attorney
If you were subjected to excessive force, wrongful arrest, or any other form of police misconduct in West Virginia, call Stroebel & Stroebel at 304-346-0197 or use the form on this page. We are experienced in federal civil rights litigation and are not afraid to take on law enforcement, municipalities, and the state.
Free case review. Call or message anytime — we respond promptly.