File a lawsuit alleging a Section 1983 violation - Essay Example

'Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any or Territory or the District of Columbia, s, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.

For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.' The above is the full text of US Code 42, Section 1983, which provides citizens with a means to get remuneration when rights have been violated. In the scenario outlined by the assignment, in which a police officer caused injury to someone, several of these rights could possibly be freedom of assembly, provided the gathering was peaceful and other preventive measures prior to force were taken.

Also, the specific injury is a source of remuneration, especially given that theOfficer who inflicted it had already had several previous incidents. Even if these incidents were misjudged, they cannot be acted upon due to ex post facto.However, in present, it is entirely plausible that action can be taken. Possiblities are a pay deduction from the officer, disciplinary action from reprimand up to immediate termination of employment, or mandatory counseling. As to the monetary recomensation, the person injured would have the right to receive at least the amount necessary to cover medical expense pertaining to the inflicted injury, such as surgery, rehabilitation or possible psychological trauma.

However, there would have to be a thorough investigation of the person's involvement in the incident, such as whether the officer was provoked in any way, previous criminal record, or state of mind (intoxication, influence of drugs, etc.)If the person is determined to be simply in the wrong place at the wrong time, then all the above actions may be taken to redress the injury. However, if there are unmitigating circumstances on the part of the officer (self-defense, etc.), then neither the officer nor his or her superiors would be liable for any form of recompensation.

Sources:42 U.S Code, Section 1983 - civil action for deprivation of rights. http://findlaw.com. Retrieved 21 Nov. 2006.