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I was kicked in the head by an officer while already detained,

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I was kicked in the head by an officer while already detained, and I also have it on tape.Is the any way possible that I can file a 1983 in this particularr case ?
Submitted: 5 years ago.
Category: Legal
Expert:  LawHelpNow replied 5 years ago.
Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.


  1. I am a licensed attorney with civil rights litigation experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification after reviewing the following information.
  2. "Is the any way possible that I can file a 1983 in this particularr case ?" First of all, please allow me to say that I am truly sorry for what you have endured. Yes, you can absolutely file such a claim. The required elements to state a cause of action (file a complaint) are that: (1) a person; (2) acting under color of law (in his or her official capacity -- i.e. a police officer); (3) violated the civil liberties (rights); and (4) of a citizen or other person in this jurisdiction. Based on your description of the incident, this would be exactly the type of suit to file. This is not a service we are allowed to offer online, so my best recommendation would be to continue working with legal counsel. 42 U.S.C. § 1983
  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum.


I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.


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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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