Practice Areas

Civil Rights.

The badge is power on loan. When the government crosses the line, I take the fight to federal court.

When a government official violates your constitutional rights, it is not an ordinary injury claim. It is a federal civil rights lawsuit, and it is a different kind of fight against a different kind of opponent.

These cases are brought under a federal statute that lets a person sue state and local officials who violate the Constitution while acting under color of law. The other side is the government, defended by lawyers whose entire job is to make the case go away early. It takes a lawyer who is comfortable in federal court and who understands the defenses built to stop these claims before a jury ever hears them.

Qualified immunity is the wall

The single biggest obstacle in a civil rights case is qualified immunity. It shields an official from suit unless the right they violated was clearly established, meaning a prior court had already held that this kind of conduct, in a closely similar situation, was unconstitutional. It is a demanding standard, and it is where most cases live or die. Overcoming it takes precise legal work: finding the controlling precedent, framing the facts to it, and knowing how the Fifth Circuit has ruled on conduct like yours.

Federal civil rights claims against state and local officials arise under 42 U.S.C. Section 1983. Qualified immunity protects officials unless the constitutional right was clearly established at the time. Because Section 1983 has no limitations period of its own, Texas cases borrow the state's two-year personal-injury deadline, so acting quickly is essential.

Excessive force and the Fourth Amendment

Most police-force claims are judged under the Fourth Amendment's rule against unreasonable seizures. The question a court asks is whether the force was objectively reasonable from the perspective of a reasonable officer on the scene, weighing the severity of the situation, the threat posed, and whether the person was resisting. Body camera footage, dispatch audio, and department policy are the raw material of that analysis, and much of it is only preserved if it is demanded early.

Suing the department, not just the officer

Sometimes the problem is bigger than one officer. A city or county can be liable when its own policy, custom, or failure to train caused the violation. That kind of claim reaches the institution itself, and it is often what forces real change along with real accountability.

Common Questions
What is a Section 1983 claim?
It is a federal lawsuit under 42 U.S.C. Section 1983 against a state or local official who violated your constitutional rights while acting under color of law, such as an officer who used excessive force or arrested you without probable cause.
What is qualified immunity?
A legal defense that protects government officials from suit unless the right they violated was clearly established by prior court decisions in a closely similar situation. It is the central obstacle in most civil rights cases and overcoming it takes precise legal work.
How long do I have to file a civil rights case in Texas?
Section 1983 borrows the state limitations period, so in Texas the deadline is generally two years from the violation. Evidence like body camera footage can be lost even sooner, so it is important to act quickly.

Tell me what happened.

Free consultation. No fees unless we win. Speak with me directly, not a screener.

Contact Orlando Rodriguez

(713) 239-2300