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
- Introduction to Elder Abuse and Negligence in FloridaIn Florida, elder abuse and neglect is quite common, so it’s important to recognize the common signs.
- Expert Witness Testimony: When Police Brutality OccursPolice brutality is being increasingly noticed throughout the country through the use of electronic surveillance equipment and the rise of the smartphone. With a camera and a video recorder at the touch of a fingertip, anyone is able to record almost any incident that may transpire.
- Business Lawyer Explains Special Considerations when Terminating EmployeesThere are a number of laws and regulations in place that protect employees from unlawful and unwarranted termination. Because of these, it is vital to ensure that there is a legitimate reason the worker is being fired, there is evidence to back up the claim and the individual is not protected by certain stipulations.
- Role of Employee Handbooks in At-Will EmploymentThe employee handbook is usually one of the first things a new worker receives after he or she is inducted into the training program in a company. These documents may or may not necessitate the use of signatures, but when they do it is to prove that the individual is aware there is a handbook, that the contents have been read and that the employee will abide by the regulations while at the job.
- When a Buy-Sell Clause May be TriggeredBuy-sell agreements are integral to contracts, various agreements and documents necessary in businesses either during the run of the company or when it is being created. These files are drafted to ensure there are no biased or previously determined manners of transferring the ownership of the company from one party to another.
- Are You Being Cheated Out of Overtime? What You Need to Know about MisclassificationTo be exempt [from overtime], workers have to meet certain criteria
- How Should My Company in New York Address a Worker’s Complaint of Hostile Work Environment Harassment?In New York, hostile work environment harassment involves conduct so objectively offensive as to alter the conditions of the victim’s environment, which is subjectively perceived as hostile or intimidating.
- Before You Post THAT Picture . . . How Private Is Your Facebook Account?If you are going to attempt to collect disability, you may want to hold off on posting pictures of yourself boating, fishing and the like. Case in Point? The ex-police officer who posted photos of himself riding a jet ski despite his claims of being disabled on the job in 9/11. He was convicted of taking over $200,000 in disability payments.
- Hotel Security Cameras Found in Room, Is that Legal?Placing security cameras in various places in a hotel may be a touchy subject when it comes to privacy and where these may be. As the technological age advances, there are many devices that become smaller and ever present in the lives of citizens in countries with machines that are affordable.
- Shareholder Rights Against a DirectorSome directors in a company start actions that are in opposition of what shareholders want. These decisions may take the business in a direction that is not what may be considered best for transactions, the value of the organization and to accrue revenue.
- 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.