Fourteenth Amendment
The part people miss most is that this amendment is not just about equality - it is one of the main constitutional limits on state and local government power. Ratified in 1868, it says states cannot deprive a person of life, liberty, or property without due process, and cannot deny any person the equal protection of the laws. It also includes a citizenship clause and has been used to apply many protections in the Bill of Rights against the states.
That matters fast when a government agency, police department, public school, jail, or other state actor causes harm. A Fourteenth Amendment claim may arise when officials use excessive force, deny fair procedures, discriminate, or interfere with fundamental rights. Timing can be brutal: many civil-rights cases are filed under 42 U.S.C. § 1983, and in Oregon the borrowing period for many § 1983 claims generally follows the state's two-year personal injury limitations period under ORS 12.110. Wait too long, and a strong claim can be lost.
In injury cases, the amendment can change who may be sued and what must be proved. Claims against private employers or drivers usually do not fall under the Fourteenth Amendment unless there is state action. If a public entity is involved, evidence of unfair treatment, lack of notice, or discriminatory enforcement can be as important as medical records. Oregon's modified comparative fault rule, ORS 31.600, may affect damages in related injury claims: at 51% or more fault, recovery is barred.
We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.
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