How do I sue police for misconduct in Alabama?

1. Federal Statute. 42 U.S.C. § 1983 creates a cause of action against state actors who deprive plaintiffs of federal constitutional rights under color of law.

2. Qualified Immunity. The Eleventh Circuit applies federal QI under Saucier/Pearson. State-court state-law claims are not subject to federal QI.

3. Alabama State-Law Alternative. Alabama has not abolished QI and has no statutory civil-rights act parallel to § 1983. Article I, § 14 of the Alabama Constitution confers near-absolute sovereign immunity on the State and state agencies; municipalities enjoy substantive immunity under Ala. Code § 11-47-190 (limited to negligent acts within the line and scope of employment). Common-law assault, battery, and false-arrest claims against officers personally remain available subject to discretionary-function immunity.

4. Monell Liability. A municipality is liable under § 1983 only when an official policy, custom, or failure to train caused the constitutional violation.

5. Statute of Limitations. Section 1983 borrows Alabama's 2-year personal-injury SOL (Ala. Code § 6-2-38). State-tort claims also have a 2-year SOL.

6. Common Constitutional Claims. Fourth Amendment excessive force, unlawful arrest, and unlawful search; Eighth Amendment for post-conviction abuse; Fourteenth Amendment due-process and equal-protection violations.

7. Damages. Compensatory and punitive damages under § 1983 (punitives only against individual officers), plus 42 U.S.C. § 1988 attorney fees.

8. Notice of Claim. Ala. Code § 11-47-23 requires a sworn statement of claim within 6 months for suits against municipalities; § 1983 federal claims have no notice requirement.

9. Bivens. Federal-officer Bivens claims have been narrowed by Egbert v. Boule (2022).

This is legal information, not legal advice.