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. Attorney David Randolph Smith is a Nashville Civil Rights attorney who has over 30 years of experience handling civil rights, constitutional and prisoner rights cases.
If you have suffered damages or a serious loss due to a violation of civil, constitutional or prisoner rights, please contact an attorney at the Tennessee medical malpractice law firm of of David Randolph Smith & Associates at (615) 742-1775 or (800) 394-2119 for a free and confidential evaluation of your case.
The firm received the AV rating under Martindale-Hubbell’s peer review rating system. David Randolph Smith is certified by the Tennessee Bar as a Civil Trial Specialist and as a Medical Malpractice Specialist. He has been selected as a Mid-South Super Lawyer, as one of the the Top 100 attorneys in Tennessee (in all fields of prectice) he is included in the guidebook Best Lawyers in America.
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 prison death of a female inmate (excessive force) 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, prison or police misconduct.