Civil Rights Law
What is Civil Rights Law?
Civil rights law deals with the protections and liberties enjoyed by the American people. These rights are designed to ensure that people are treated equally and without respect to their ethnicity, gender, or other such attributes. They also guard against overly intrusive conduct by the government. Government actors are not permitted to make decisions arbitrarily, or to deprive individuals of their lives or property without affording them due process of law. While civil rights violations give rise to a host of civil and criminal penalties for the offender, attorneys practicing in this area of the law are generally engaged in seeking financial compensation for victims.
Primary sources of civil rights law include the first ten amendments to the U.S. Constitution (the “Bill of Rights”), as well as a number of important pieces of federal legislation passed in recent decades. The Civil Rights Act of 1964 is a notable example of federal law aimed at preventing discrimination. Other examples include the Voting Rights Act of 1965, the Americans with Disabilities Act, and the Civil Rights Act of 1991. Civil rights law is also based on published court decisions that interpret the meaning of legislation and help determine how the law is applied in a given situation. Finally, states have enacted their own civil rights legislation to supplement existing federal protections.
Excessive Force and Other Police Misconduct
One of the most common types of private lawsuits alleging civil rights violations results from improper conduct by law enforcement. Victims can bring claims based on excessive force or brutality, illegal searches and seizures, false arrests, malicious prosecutions, unjustified police shootings, and other abuses of power. Lawsuits against the police can be directed toward the individual officers involved in the incident, or against the entire department when the conduct is more systemic. These civil rights cases can become incredibly emotional, particularly in cases brought by surviving family members of an individual killed by the police.
As the field of DNA testing has developed, there are an increasing number of convicted individuals whose cases are being reversed based on newly discovered evidence. Law firms across the country are filing wrongful conviction lawsuits on behalf of these individuals. As should be expected, the settlements and jury awards in wrongful conviction cases are large, often reaching the seven-figure mark and beyond. After all, victims who go to prison for a crime they did not commit stand to lose their families, friends, reputations, and careers, not to mention years or even decades of freedom. Few would argue with the need for substantial compensation in such cases.
Prison Abuse Cases
The Eighth Amendment to the U.S. Constitution prohibits cruel and unusual punishment. With more than two million Americans now behind bars, the Eighth Amendment is just as relevant today as it was when it was ratified in the year 1791. The rapid growth of the U.S. prison population has led to overcrowding, and in turn, deplorable and sometimes dangerous conditions for inmates. Inmates who have suffered injury or have otherwise been harmed as a result of prison conditions may have a right to financial or injunctive relief. Short deadlines exist for initiating a prison abuse case, however, so it is important to take action quickly.
Free Speech, Women’s Rights, and More
Civil rights cases are not limited to claims against police officers and prison officials. Many constitutional rights can form the basis of a lawsuit, including the guarantees regarding speech, religion, association, due process, and equal protection under the law. Pursuant to Title VII of the Civil Rights Act of 1964, sexual harassment in the workplace is illegal, and there is no reason to tolerate improper conduct related to an employee’s gender or pregnancy. A lawsuit will also be appropriate in instances where an employer retaliates against an employee for asserting any recognized civil right or informing authorities of civil rights violations at work.
Title 42, Section 1983 of the United States Code imposes liability on any person who, under “color of state law,” deprives another individual of his or her federal civil rights. Known as 1983 claims, lawsuits brought under this statute allow victims to sue state and municipal government officials who violate federal civil rights laws. While 1983 claims are a common method for holding local officials accountable, the doctrine of sovereign immunity may apply in certain situations. If so, an official may be completely or partially insulated from liability. Victims should therefore discuss the specifics of a 1983 claim with an attorney before moving forward.
Hiring a Civil Rights Attorney
If you feel your civil rights may have been infringed, you may be entitled to financial compensation. Furthermore, by initiating a legal action, you may help to bring about positive changes that prevent similar harm to others in your position. To find out more, contact an attorney now.
Know Your Rights!
- Are 3D Printed Plastic Guns Legal?
The arrival of 3D printing technology has led to some amazing new possibilities for things like replicating broken parts, creating amazing works of 3D art, and manufacturing entire items from patters found online. But, as is usually the case with any new technology, someone finds a way to use it for something sinister. Several creators invented 3D printed plastic guns and made plans available online. But, are these 3D printed plastic guns legal?
- Are Same-Sex Couples Entitled to Share Employment Benefits?
Traditionally, one benefit of marriage was being able to share in a spouse's employment benefits, like health, vision, and dental insurance. Unfortunately, many same-sex couples have struggled for years to receive the same level of benefits and even the right to be married. With more and more jurisdictions recognizing same-sex marriages, are employers now required to provide same-sex couples with the same level of benefits as heterosexual couples?
- Do Inmates Have Rights? If So, What Are They?
Obviously, going to jail or prison involves having one's rights curtailed. But, that does not mean inmates in the United States are without basic human rights. Even the most hardened criminal has basic rights protected by the U.S. Constitution.
- Do Native American Indians Have Special Rights?
Many have wondered as they drive along the road and see signs for so-called Indian Casinos how this could be legal in a state that otherwise outlaws such forms of gambling? Others may have heard of Native Americans having their own tribal laws and police and wondered if these are separate and apart from the laws of non-Indians in the area. Do Native Americans have special rights that other American citizens do not?
- How do I say “No” to the Police?
You have been stopped, either in a car, in a public place, or walking down the street, and an officer asks you to do something you do not think you should have to do. This would probably be a request to search your person or vehicle. So, when an officer asks you to empty your pockets, allow a search of your car, or for some other consent to search, how do you say “no” without bringing on more suspicion and a possible arrest?
- How Much Can You Legally Get Away With Saying to a Cop?
What can you legally say to a cop and get away with it? Maybe an officer pulled you over on the wrong day, maybe you distrust cops, or maybe you just like living on the edge. Whatever your reasoning, you might be surprised to find out that getting a little mouthy is not technically an automatic one way trip to jail.
- What is Affirmative Action and Why Was it Created?
Most people have seen the effects of affirmative action in one place or another. For example, most job and school applications now ask a person's racial and ethnic background, gender, and veteran status. But what is affirmative action really, and why was it created?
- What is the Difference Between a Human Right and a Civil Right?
Have you ever wondered what the difference was between a human right and a civil right? Is there a difference between the two terms?
- Where Can I Carry a Gun on a College Campus?
Over the last decade, stories of shootings on college campuses have dotted the headlines. This has led many to call for legalizing the carrying of guns on campuses. Of course, this has also created a serious backlash against guns on campuses, leading many to ask if this is the answer or just a way to contribute to the problem. So where is it legal to carry a gun on a college campus?
- Where is Same-Sex Marriage Legal in the United States?
For years, gay and lesbian couples have fought for the right to have their relationships legally recognized like heterosexual couples. Unfortunately, as with most civil rights movements, the march towards equal rights for those of different sexual orientations has been a long and difficult one. Nevertheless, several states have recently taken to recognizing same-sex marriages over the last few years, opening the door to a new era of equality for these individuals.
- Who or What Can Legally be Considered a Person
Since the dawn of civilization, there has been an ongoing philosophical and political debate about who or what can legally be considered a person. Traditionally, this took on the debate of whether certain human minority groups should be afforded the same rights and obligations as those in power. But, the debate has shifted in recent years to one involving non-humans. So, what makes a “person,” legally speaking.
Articles About Civil Rights
- Your 8 Step Guide to Navigating Business ContractsIt’s easy to feel lost when first reading the language used in business contracts; all those details swirling around are important, but often difficult to follow. Placing legal terms in context, and gaining an understanding of provisions, are great ways to start feeling comfortable with this common contract that’s the backbone of every transaction.
- Can a Joint Account Be Garnished?When a creditor wants to ensure that it will quickly receive the funds that it is due, it may go after any funds or assets that it can get its hands on. In some situations, creditors may prefer to garnish a bank account rather than go after an employee’s wages. In many situations, the creditor may be able to access funds in a joint account.
- Do You Qualify for Protection Under the ADA? 3 Questions to AskWhat the law does and doesn’t say about disabilities.
- Can an Employer Fire/Not Hire Me for Failing a Physical?Many employers use a variety of pre-employment tests to help find qualified employees. However, some strategies may be illegal if the test is targeted to weed out individuals with disabilities.
- Walmart Worker Urges Disclosure of Gender Pay InformationIn an effort to ensure pay equality at Walmart, an employee and shareholder of the company is urging disclosure of gender wage information by the retailer.
- What Conditions Apply to Probation?Probation is a conditional sentence, meaning that if the defendant does not comply with the conditions, the probation can be revoked and the suspended jail sentence can be imposed. Probation conditions vary widely by geographic region, as well as the type of court that entered the probation. In some cases, a judge may impose specific provisions, while in others, a probation officer may impose certain conditions.
- How Can I Ensure that I Receive Fair Pay as a Woman?Historically, women have earned less than their male counterparts. Nationally, women make about 78 cents on the dollar that each man earns for the same job. However, a variety of laws have been passed to help ensure women of fair pay. Here is an overview of those laws and the steps you can take to ensure that you, as an employee, are receiving a fair rate of pay.
- Cancer Patient's Disability Claims are Often DeniedThere are over 12 million Americans living with cancer. Individuals diagnosed with cancer can undergo many different treatments during the course of their disease.
- What Are the Rules Regarding Miranda?Anyone who has seen a cop show has probably memorized a person’s “rights.” The common warnings regarding the right to remain silent and the right to consult a lawyer are well known. However, citizens may not be aware of the implications of what happens when these rights are not read or given to them.
- How Is a Class Certified?Before a class action lawsuit can proceed, the class must be certified. This process ensures that the plaintiffs have enough similarities to proceed with litigation against the named defendant as part of one larger case.
- All Civil Rights Law Articles
Civil Rights Law - US
- Civil Rights - Definition
In civil law jurisdictions, a civil right is a right or power which can be exercised under civil law, which includes things such as the ability to contract.
- Civil Rights - Overview
A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury.
- Civil Rights Act of 1964 and the Equal Employment Opportunity Commission
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed segregation in schools, public places, and employment.
- Civil Rights Section - FBI
The FBI is the lead agency for investigating violations of federal civil rights laws…and we take that responsibility seriously. Why? Because as Director Mueller has said, “When just one of us loses just one of our rights, then the freedoms of all of us are diminished.”
- US Commission on Civil Rights
The mission of the U.S. Commission on Civil Rights is to investigate complaints alleging that citizens are being deprived of their right to vote by reason of their race, color, religion, sex, age, disability, or national origin, or by reason of fraudulent practices.
- US Department of Labor - Civil Rights Center
- US Equal Employment Opportunity Commission (EEOC)
- USDOJ - Civil Rights Division
The Civil Rights Division is committed to upholding the civil and constitutional rights of all individuals, particularly some of the most vulnerable members of our society.