Civil Rights Litigation

Civil Rights Litigation

David Randolph Smith

David Randolph Smith Edmund J. Schmidt III

Phone:(615) 742-1775
Toll-Free:(800) 394-2119
Fax: (615) 742-1223
info@drslawfirm.com

Civil Rights Litigation

The Fourteenth Amendment to the U.S. Constitution provides: " . . . nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Government officials who violate the 14th amendment are liable for monetary damages under 42 U.S.C. sec. 1983 (States and local governments) and Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971) (federal agents).

Federal and state statutes also give citizens rights to bring damages actions for unlawful discrimination in employment, housing, disabilities (ADA) and other settings.

Consitutional and Civil Rights litigation are an important part of the firm's practice. Examples include:

A First Amendment Challenge (that went to the U.S. Supreme Court) on the issue of government financing of a pervasively religious private university. Steele v. Ind. Rev. Bd & David Lipscomb University.
A Section 1983 wrongful death case against Corrections Corporation of America for the death of a female inmate at the Metro (Davidson County) Detention facility. Vilella [decedent Estelle Richardson] v. Corrections Corporation of America. Download Amended Complaint (pdf).
A confidential settlement against Correctional Medical Serrvices in a section 1983 case involving failure to diagnose and treat a brain tumor. Lynda Smith v. Correctional Medical Serrvices
A section 1983 case against Johnson City, Tennesse involving the death of a female prisoner in a restraint chair (cited in an Amnesty International Report on the dangers of restraint chairs). Beyer v. Johnson City.
Confidential settlement in case against Prison Health Services involving deliberate indifference to serious medical needs. Proffitt v. Prison Health Services.

We stand ready to represent victims who have suffered substantial deprivations of their constitutional or civil rights as a result of government or police misconduct.

Copyright 2005 Law Offices of David Randolph Smith & Edmund J. Schmidt III.
All rights reserved.
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Last updated: 2/2/06
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