Questions and answers
Frequently asked questions
Plain answers to common questions about civil rights investigations and Section 1983 cases. They are general information, not legal advice.
What does Civil Rights PI do?
Civil Rights PI is the private investigation practice of Doug Roberts. The practice is limited to civil rights investigations and matters brought under 42 U.S.C. Section 1983, such as excessive force, false arrest, unlawful search, jail and prison conditions, in-custody deaths, and wrongful conviction.
What is a Section 1983 case?
42 U.S.C. Section 1983 is the federal law that allows a person to sue state and local officials who violate rights protected by the Constitution or federal law while acting under color of state law. Most lawsuits over police misconduct and jail conditions are brought under it.
Are you a lawyer? Can you file my lawsuit?
No. Civil Rights PI is a private investigation practice, not a law firm. Doug Roberts does not give legal advice and cannot represent you in court. He gathers and documents evidence for you and your attorney.
Do I need an attorney before I contact you?
No. Many people make contact before they have an attorney, and early investigation can preserve evidence that an attorney will need. If you have an attorney, the investigation is carried out at the attorney's direction.
Where are you located, and where do you take cases?
The practice is located at 30 N Gould Street, Sheridan, Wyoming 82801. Civil rights investigations are accepted nationwide.
Do you take other kinds of investigations?
No. The practice does not take domestic, insurance, corporate, or general investigations. It handles civil rights cases and Section 1983 actions exclusively.
How soon should an investigation begin?
As soon as possible. Surveillance video is often overwritten within days or weeks, agencies delete recordings on fixed schedules, scenes change, and witnesses move away. There are also strict legal deadlines for filing a claim, which vary by state and which an attorney can explain.
How long do I have to file a Section 1983 lawsuit?
Section 1983 has no deadline of its own. Federal courts borrow the personal injury statute of limitations of the state where the violation occurred, so the deadline differs from state to state and can be as short as one or two years. Some claims also require an earlier written notice. Only an attorney can tell you the deadline that applies to your case.
What is qualified immunity?
Qualified immunity is a defense that protects individual officials from damages unless they violated a constitutional right that was clearly established at the time. Because the defense turns on the specific facts of the encounter, detailed and well-documented facts are essential to overcoming it. Cities and counties cannot claim qualified immunity.
Can you get the body camera video?
Often, yes. Depending on the state, body camera footage may be available through a public records request, and an attorney can demand that it be preserved and later obtain it in discovery. Because agencies delete footage on fixed schedules, the request should be made early.
Can I sue a federal officer under Section 1983?
Section 1983 applies to people acting under state or local authority. Claims against federal officers are brought under a different doctrine, known as Bivens, which the courts have limited considerably, or under the Federal Tort Claims Act. An attorney can advise which applies.
Is what I tell you confidential?
Information you provide is treated as confidential. When an investigation is carried out at the direction of your attorney, it may also be protected by the legal privileges that apply to an attorney's work. Your attorney can explain how those protections apply to you.
What does an investigation cost?
The cost depends on the work a case requires. After an initial consultation, you or your attorney will receive a description of the proposed work and its cost before anything is undertaken.
How do I get started?
Call 307-650-2738, send an email to info@civilrightspi.com, or complete the consultation request on this website. Have the date and location of the incident and the name of the agency involved, if you know them.