Constitutional Claims Under Sexual Abuse Laws
Sexual abuse is a serious violation of human rights, and victims deserve to have their voices heard and their rights protected.
That’s what the lawyers and the team have done for over 75 years, while winning Hundreds and Hundreds of millions for our clients.  We are a regional law firm with a national reputation for excellence. And there’s never a fee for our services until you get the compensation you deserve.
What Are Constitutional Claims in Sexual or Physical Abuse Cases?
Constitutional claims arise when your constitutional rights are violated by government entities or officials. In cases of Sexual or Physical Abuse, these claims can come from actions (or inactions) by law enforcement, schools, or other institutions that are supposed to protect individuals from harm.
You Have Key Constitutional Protections
Your rights in Sexual or Physical Abuse cases are strongly protected by the Constitution.
For example:
- Fourteenth Amendment - This amendment provides individuals with the right to due process and equal protection under the law. In the context of sexual/physical abuse, victims may argue that a government entity failed to protect them from known risks, thus violating their constitutional rights.
- Eighth Amendment - While primarily associated with cruel and unusual punishment, the Eighth Amendment can also apply in cases involving individuals in custody, such as inmates or patients in mental health facilities. If a facility fails to protect individuals from sexual/physical abuse, it may be liable under this amendment.
- Title IX - While Title IX not a constitutional provision, it is a federal law that prohibits sex-based discrimination in educational institutions. Victims of sexual/physical abuse in schools may have grounds for a Title IX claim if the institution failed to take appropriate action in response to the abuse.
Common Examples of Constitutional Claims in Sexual Abuse Cases
1. School District Liability
If a school fails to act on reports of sexual abuse by a staff member, it may be held liable for violating the constitutional rights of its students. For example, if a teacher is known to have inappropriate relationships with students and the school administration does nothing to address the issue, the victims may have a constitutional claim based on the failure to provide a safe educational environment.
2. Negligent Law Enforcement**
Victims may also file claims against law enforcement agencies if they fail to adequately investigate reports of sexual abuse. For instance, if a police department disregards a victim’s report or fails to follow proper investigative methods leading to further abuse, victims could claim that their Fourteenth Amendment rights were violated.
3. Incarcerated Individuals
In cases where inmates are sexually abused by staff or other inmates, constitutional claims can arise under the Eighth Amendment. If corrections officials are aware of a risk and did not protect the inmate victim, they could be held liable for violating the inmate's rights.
Call Us For A Free, No Obligation Consultation
Filing a Constitutional claim can be highly complex – but the lawyers at Lenahan & Dempsey understand the process and can help. Don’t allow yourself to be victimized – let us fight back for you. Call us 24/7 at 1.888.536.2426. There’s never a fee until you get the compensation you deserve.
Why Call Lenahan & Dempsey?
Our success in winning Hundreds and Hundreds of Millions for our clients for all types of serious injuries has led to Judges and our peers voting us for inclusion in The Best Law Firms in America, and we are listed as a Tier 1 Law Firm (the highest rating). Eight of our lawyers are listed in Best Lawyers in America and eight are listed as Pennsylvania Super Lawyers. Three, including Firm President John Lenahan, Jr., Managing Partner Timothy Lenahan and Attorney Matthew Dempsey are listed in The Top 100 Lawyers in Pennsylvania (out of over 48,000 Pennsylvania lawyers).
Timothy Lenahan is also Best Lawyers in America’s Top Insurance Lawyer for his representation of the injured fighting against large insurers for the region of Northeastern/Central Pennsylvania and the Pocono Mountains. He has previously been named Best Lawyers Top Personal Injury Lawyer for that region for his work fighting for the rights of injured people. This level of professional recognition is important because just about all Personal Injury cases, including Nursing Home Medication Errors are often highly complicated insurance cases.
What Can You Expect When Working With Lenahan & Dempsey
We have recovered Hundreds and Hundreds of Millions for our clients across almost all fields of Personal Injury, Insurance Bad Faith and Workers’ Compensation law.
We fully understand the physical, emotional, and financial toll a case can take on victims and their families. Our highly dedicated team of lawyers and paralegals can point to a history of success supporting our clients and winning the money they need to rebuild their lives.
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