Civil Rights Defense

M. Andrew Brison defends state agencies, municipalities, political subdivisions, and their employees from claims of civil rights violations. Civil rights claims are a method by which a person’s constitutional rights are enforced through the courts.

Mr. Brison, a seasoned litigator, is highly experienced in providing quality legal representation to governmental entities. He utilizes aggressive, pro-active, and cost-conscious case management in the successful defense of civil rights and insurance claims. As a result of his considerable trial and appellate experience, he is able to quickly analyze the key issues of liability and immunity defenses that are crucial to resolving civil rights claims efficiently and with prudence. He has represented many state agencies, cities, towns, and their law enforcement departments throughout West Virginia.

When governmental bodies and their employees are confronted with a civil rights lawsuit, they need to rely upon a lawyer who is skilled in defending every possible type of case. M. Andrew Brison has successfully handled the defense of all civil rights cases, including:

  • Harassment claims
  • Wrongful death claims
  • Police liability claims, including:
    • Excessive use of force
    • Unlawful imprisonment
    • False arrest
    • False imprisonment
    • Assault and battery
    • Malicious prosecution
    • Negligent training and supervision
  • Jail and Prison claims, including:
    • Use of force
    • Issues involving the Prison Rape Elimination Act
    • Conditions of confinement
    • Negligent hiring and retention/li>

Civil rights claims founded upon the Civil Rights Act of 1871 are brought pursuant to 42 U.S.C.§ 1983, currently the primary tool used by those claiming violation of their federal constitutional rights as a result of actions or inactions by governments through their officials and employees. Immunity can be the first line of defense in a civil rights action. The defense of qualified immunity insulates government agencies, officials, and employees when their actions or inactions meet certain legal requirements developed by the courts, protecting them and the governmental body from liability. M. Andrew Brison is proficient in efficiently and economically protecting government employees, their supervisors and employing agencies from civil rights liability.