Civil Rights Attorney

Document the incident as thoroughly as possible. Write down details, collect evidence, and identify witnesses. Seek medical attention if necessary and consult a civil rights attorney promptly. Even if you feel fine, some injuries won’t show symptoms right away and can worsen over time. This treatment will also establish a medical record that can be used as evidence.

Interactions with law enforcement can be intimidating, but understanding your rights can help you navigate these encounters safely and effectively. Everyone in the United States has rights guaranteed by the Constitution, particularly under the Fourth, Fifth, and Sixth Amendments. Knowing and asserting these rights can protect you from unlawful treatment and help ensure fair legal proceedings.

• The Right to Remain Silent: Under the Fifth Amendment, you have the right to remain silent to avoid self-incrimination. If an officer questions you, you can politely state, “I am exercising my right to remain silent.” This can be particularly important if you feel uncomfortable or unsure about how to answer.
• The Right to Refuse Searches: The Fourth Amendment protects you from unreasonable searches and seizures. Unless an officer has a warrant, probable cause, or your consent, they cannot search your property. If asked for consent, you can firmly but respectfully say, “I do not consent to a search.”
• How to Assert Your Rights Safely: Staying calm and respectful is critical during any police encounter. Avoid escalating the situation by complying with basic instructions, such as providing your identification if required. Remember, asserting your rights doesn’t mean resisting arrest or being confrontational.

Being informed and confident in your rights can prevent unnecessary complications during police encounters. If your rights are violated, document the incident as thoroughly as possible and consult an attorney.

Filing a civil rights lawsuit can be a powerful tool for seeking justice and holding violators accountable. Here is a step-by-step guide to help you understand the process:

• Identify the Violation: Determine which of your civil rights were violated. Common examples include excessive force, unlawful detention, or discrimination based on race, gender, or religion.
• Gather Evidence: Collect all available evidence, such as photographs, videos, medical records, and witness statements. Documentation of the incident is crucial for building a strong case.
• Consult an Attorney: Civil rights cases can be complex. Consulting with an experienced civil rights attorney can help you understand your options and navigate the legal process.
• File a Complaint: Your attorney will help you draft and file a formal complaint with the appropriate court. The complaint outlines the details of the violation and the damages you’re seeking.
• Proceed Through the Legal Process: Once the lawsuit is filed, the case may proceed through discovery, negotiations, and potentially a trial. This process can take months or even years, depending on the complexity of the case.

Filing a civil rights lawsuit not only seeks justice for you but also helps bring attention to systemic issues, potentially leading to broader societal changes.

Experiencing a civil rights violation is not only a legal matter but also an emotional one. Victims often endure significant psychological distress, which can affect their mental health and quality of life.

• Emotional and Psychological Toll: Civil rights violations can lead to feelings of fear, anger, and helplessness. Many victims report anxiety, depression, and a loss of trust in institutions meant to protect them.
• Post-Traumatic Stress Disorder (PTSD): Victims of excessive force or discrimination may develop PTSD, characterized by flashbacks, nightmares, and emotional numbness. This condition can severely impact daily functioning and relationships.
• Including Mental Health in Claims: In civil rights lawsuits, victims can seek compensation for emotional distress and the cost of mental health treatments. Expert testimony from psychologists or psychiatrists may be necessary to substantiate these claims.

Addressing the mental health impact of civil rights violations is critical for the well-being of victims and for ensuring comprehensive justice.

At Morgan & Morgan, our team of experienced civil rights attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights. 

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

We take pride in standing up for those whose civil rights have been violated. No one should have to endure injustice or discrimination alone. If your rights have been infringed upon, we’re here to help you seek justice. Contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.

Morgan & Morgan’s civil rights lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

Victims of civil rights violations may be entitled to various forms of compensation, depending on the circumstances of the case. Here’s what you can expect:

• Medical Expenses: If the violation resulted in physical harm, victims can seek compensation for medical bills, rehabilitation, and ongoing treatment.
• Emotional Distress: Compensation may cover the psychological impact of the violation, including therapy and counseling costs.
• Lost Wages: If the violation affected your ability to work, you can claim compensation for lost income and reduced earning capacity.
• Punitive Damages: In cases of egregious misconduct, courts may award punitive damages to punish the offender and deter similar behavior in the future.
• Legal Fees: Many civil rights laws allow for the recovery of attorney’s fees, ensuring that victims can pursue justice without financial burden.

A free case evaluation with Morgan & Morgan can help you understand the types of compensation available so you can set realistic expectations and fight to receive the justice you deserve.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our civil rights lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you don’t just hire a lawyer, you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for any upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way.

These meetings can be handled in person, virtually, and by phone, depending on your case’s requirements and your ability to do so.

Law enforcement agencies and government officials often employ various defenses in civil rights violation cases. Knowing these defenses can help victims and their attorneys prepare a robust case:

• Qualified Immunity: This defense protects government officials from liability unless they violated “clearly established” laws. Attorneys can counter this by demonstrating that the official’s actions were egregiously unlawful.
• Good Faith Defense: Defendants may argue that they acted in good faith, believing their actions were lawful. Overcoming this defense requires evidence showing intentional or reckless misconduct.
• Procedural Defenses: These include arguing that the victim failed to file the lawsuit within the statute of limitations or did not follow administrative procedures. Staying informed about deadlines and requirements can prevent these issues.

Attorneys specializing in civil rights cases are adept at countering these defenses, ensuring that victims have the best chance of achieving justice.

Yes, you can sue for emotional distress in a civil rights case if your rights have been violated under federal or state laws, such as the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), or other applicable statutes. Emotional distress is a recognized form of damages in these cases, often tied to harm caused by discrimination, harassment, or other rights violations. 

Examples of when emotional distress may be claimed include:

• Discrimination or Harassment: If you experience emotional harm due to unlawful discrimination based on race, gender, religion, disability, or another protected characteristic.
• Excessive Force or Police Misconduct: Civil rights lawsuits under Section 1983 of the U.S. Code can include claims for emotional harm caused by excessive force or other misconduct by public officials.
• Hostile Work Environment: In employment cases, such as under Title VII, emotional distress damages may be sought for severe or pervasive workplace harassment.
• Retaliation: If you face retaliation for exercising your rights, such as reporting discrimination or filing a complaint, emotional distress damages may apply.

To successfully prove emotional distress, you will need to demonstrate the emotional harm you suffered. Evidence may include:

• Testimony: Your own account of the emotional toll and how it impacted your life.
• Medical Records: Documentation from therapists, psychologists, or other healthcare professionals.
• Witness Statements: Testimony from friends, family, or colleagues who observed changes in your behavior or emotional state.

Civil rights cases can be complex, especially when emotional distress is involved. Consulting an experienced attorney at Morgan & Morgan can help gather evidence, navigate the legal process, and ensure your rights are fully protected.

Civil rights violations occur when an individual or group is denied the rights guaranteed by laws or the Constitution. Here are the most common types of civil rights violations:

1. Discrimination

Discrimination occurs when a person is treated unfairly based on a protected characteristic, such as:

• Race or Ethnicity: Racial profiling, segregation, or unequal treatment in employment, housing, or public spaces.
• Gender or Sexual Orientation: Workplace discrimination, wage gaps, or unequal access to services due to gender identity or sexual orientation.
• Religion: Denial of reasonable religious accommodations or targeting individuals because of their faith.
• Disability: Failing to provide reasonable accommodations as required by the Americans with Disabilities Act (ADA).

2. Police Misconduct

This includes abuses of power by law enforcement, such as:

• Excessive Force: Use of unnecessary or unreasonable physical force during arrests or interactions.
• Wrongful Arrest: Arresting someone without probable cause or justification.
• Racial Profiling: Stopping, searching, or targeting individuals based solely on their race.
• Denial of Rights: Failing to provide Miranda warnings or access to legal counsel.

3. Voting Rights Violations

Violations of voting rights are often tied to efforts to suppress or manipulate elections, such as:

• Voter Suppression: Restricting access to polling places, voter ID laws, or purging voter rolls.
• Gerrymandering: Manipulating district boundaries to dilute the voting power of certain groups.
• Discrimination at Polls: Targeting voters based on race, language, or other protected categories.

4. Workplace Violations

Civil rights violations in employment can include:

• Harassment: Creating a hostile work environment through verbal, physical, or sexual harassment.
• Retaliation: Punishing employees for reporting discrimination or exercising their rights.
• Unequal Opportunities: Denying promotions, raises, or benefits based on protected characteristics.

5. Denial of Public Accommodations

Refusing service or access to public spaces based on a person’s race, religion, disability, or other protected status, in violation of the Civil Rights Act of 1964.

6. Housing Discrimination

Under the Fair Housing Act, it is illegal to discriminate in renting, buying, or financing housing based on:

• Race, color, religion, sex, disability, family status, or national origin.
  Examples include refusing to rent to someone or imposing stricter terms on a loan.

7. Educational Discrimination

Unequal access to quality education or resources based on race, disability, or language proficiency, violating laws such as Title IX or IDEA (Individuals with Disabilities Education Act).

8. Retaliation for Exercising Rights

When individuals face retaliation for reporting civil rights violations, such as being demoted, fired, or harassed, it constitutes a further civil rights violation

9. Immigration-Related Violations

Discrimination based on citizenship status or national origin, such as workplace exploitation or denial of public benefits.

10. Hate Crimes

Acts of violence, threats, or intimidation based on race, religion, sexual orientation, or other protected categories.

The statute of limitations varies depending on the type of violation and jurisdiction. It’s important to act quickly to preserve evidence and meet deadlines. An experienced attorney can help ensure that you file a claim correctly and on time.

Yes, you can still file a lawsuit if your rights were violated, such as through excessive force or unlawful searches. Consult an attorney to discuss your specific case to learn more about your legal options.

To support a civil rights lawsuit, you must gather strong evidence to prove that your rights were violated under applicable laws. Below is a breakdown of the types of evidence typically required:

1. Documentation of the Incident

• Written Records: Keep a detailed written account of the incident, including dates, times, locations, and the names of those involved.
• Correspondence: Save emails, letters, text messages, or other communications that may demonstrate discrimination, harassment, or retaliation.
• Official Documents: Copies of police reports, disciplinary actions, performance reviews, or complaints you filed with your employer or another authority.

2. Witness Testimony

• Eyewitnesses: Individuals who directly observed the civil rights violation can provide statements or testify on your behalf.
• Character Witnesses: People who can testify about your character, demeanor, or the impact the violation had on you.

3. Physical Evidence

• Photos or Videos: Recordings of the incident, such as security footage, body cam footage, or personal recordings.
• Damaged Property: Physical evidence of harm, such as destroyed property or injuries sustained during the violation.

4. Expert Testimony

• Medical Experts: Testimony from psychologists, therapists, or medical doctors to verify emotional distress or physical injuries.
• Forensic Experts: Specialists who can analyze evidence, such as police use-of-force reports or digital communications.

5. Policies and Practices

• Internal Policies: Show that the actions taken against you violated internal policies or standard procedures.
• Comparative Evidence: Demonstrate a pattern of behavior, such as evidence that others in similar circumstances were treated differently.

6. Reports from Government Agencies

• Complaints and Findings: If you filed a complaint with agencies like the EEOC, the DOJ, or the Department of Education, include their findings or investigative reports.
• Administrative Records: Evidence of violations found during audits or inspections.

7. Employment-Related Evidence (for Workplace Cases)

• Performance Records: Demonstrate that negative actions against you were unrelated to your job performance.
• Pay or Promotion Records: Evidence of wage gaps, denied promotions, or disparities in treatment.

8. Medical or Psychological Records

• Diagnosis and Treatment: Records of therapy sessions, medical treatment, or prescriptions related to emotional or physical harm.
• Impact Evidence: Statements from healthcare providers on how the violation affected your well-being.

9. Pattern or Practice Evidence

• Statistical Evidence: Data showing systemic discrimination or disparities within a workplace, housing complex, or school system.
• Similar Cases: Information about others who experienced similar violations under the same entity.

10. Legal Records

• Contracts or Agreements: Documents showing obligations that were violated, such as employment contracts or housing leases.
• Prior Complaints: Evidence that the offender or organization had been warned or cited for similar behavior.

A civil rights attorney can assist you with gathering this evidence and collecting witness and expert testimonies.

Civil rights cases focus on violations of constitutional rights, while personal injury claims typically involve physical harm caused by negligence. Civil rights cases often address systemic issues and require different and complex legal strategies.