Each American citizen has rights that are in place to protect you from unjust and unfair treatment. These are a set of laws known as your “Civil Rights”. These laws are designed so that everyone is entitled to fair and equal treatment. Things such as discrimination are what these laws are trying to combat. This applies to several different situations such as employment, housing, education, entertainment, etc.

What are Civil Rights Violations

Simply put, a violation of your civil rights is something or someone that interferes with your rights guaranteed through the Bill Of Rights. These rights include:

Free speech
Rights of assembly
Freedom from unreasonable search and seizures
The right to a public and speedy trial
Freedom of religion, and the right to practice it (or not)
The right not to testify against yourself
Freedom from excessive bail and cruel or unusual punishments

Governmental Authorities

The statement “Color of the Law” is a term used when referring to an individual acting under governmental authority. This authority could be the local city government, or it could be the state or federal governments. Civil rights violations under the color of law can include:

False/wrongful arrest, and the use of fabricated evidence
Use of excessive force by police
Sexual assaults (in custody, etc.)
Malicious prosecution
Failure to keep someone from harm

Section 1983

Section 1983 was created as part of the Civil Rights Act of 1871. It allows for private actions that one can take against governmental authorities that violate civil rights. The most common uses of section 1983 are police-related actions, but this can also refer to any government employee that is operating under the color of the law.

The following is an excerpt of Section 1983:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.

There are two points you must prove:

That an individual was operating under the color of law
The conduct deprived the plaintiff of his or her rights, privileges, and/or immunities guaranteed under federal law or the U.S. Constitution

Of course, there are other more complex requirements that a court action has in addition to these mentioned above. This is where we come in. Our experienced civil rights attorneys will help you to evaluate your case.

One important distinction to make is that the “Civil Rights Movement” refers specifically to individuals working towards equality in society for African Americans. The term “Civil Rights” is a broader term that encompasses equal rights for everyone, regardless of differences such as race, sex, age, disability, national origin, religion, or other individualities.

Contact an Experienced Civil Rights Attorney Today

No one has the right to deny your civil rights. If you believe that your civil rights have been violated, you may have legal standing to file a civil rights claim against all responsible parties. The civil rights attorneys at Edelman, Liesen & Myers L.L.P. have the skills and experience required to represent you as a civil rights victim. Contact us today to schedule a consultation. Call (816) 533-4976 today.