Two kinds of cases
Constitutional litigation generally falls into two groups. Some cases challenge a law or policy and ask a court to stop its enforcement, sometimes before it takes effect. Others seek damages for a past violation, most often under the federal civil rights statute that allows suits against people who violate federal rights while acting with state or local government authority. Damages claims against federal officers are far more limited. The type of case shapes nearly everything else, from who must be sued to what proof is needed and how quickly relief can come.
Hurdles specific to these claims
Individual officials can usually raise qualified immunity, which can defeat a damages claim if the right was not clearly established at the time of the conduct. Cities and counties are not automatically liable for their employees' actions; a claim against a local government usually has to tie the harm to an official policy or custom. States themselves generally cannot be sued for damages under the federal civil rights statute. Anyone challenging a law must show standing, meaning a concrete injury the court can address, and some challenges are premature until the law is enforced or about to be. These doctrines decide many cases before the facts are ever tried.
Preparing to bring a claim
Collect documents showing what the government did and when, together with records of the harm, such as medical records, lost income, or a permit denial. Federal civil rights claims do not need a notice of claim, but state-law claims added against a New York city or county may require one within a short period. Video, witness contact information, and public records requests are often time-sensitive. In a first meeting we review the facts, identify the right defendants and court, check deadlines under both federal and state law, and discuss whether an injunction, damages, or both are realistic aims.
