UNDERSTANDING civil rights
Civil rights law deals with situations where a government actor violates the rights of a citizen. Many of the most widely publicized civil rights cases involve police violence, because the footage of such incidents has become a regular feature of news broadcasts. But civil rights issues arise from many other situations where the government has power, including in jails, prisons, schools, and public meetings, as well as in regulation of core rights like religious practice, the right to protest, and the right to bear arms.
These cases are a proving ground for Americans’ most basic rights.
This page is a jumping-off point for more detailed discussions of particular causes of action, listed below. The page is under construction, with new material continually being added.
If you have a concern about a potential civil rights case, call today. Deadlines for preserving certain claims are short, and there is never any advantage to delay.
BANE ACT
BRADY VIOLATION (SUPPRESSION OF EXCULPATORY OR IMPEACHING EVIDENCE)
DELIBERATE INDIFFERENCE TO WELFARE OF INMATE (EIGHTH OR FOURTEENTH AMENDMENT VIOLATION)
Deliberate Indifference Overview - Dangerous Physical Conditions
EXCESSIVE FORCE
FAILURE TO PROTECT
FALSE ARREST AND FALSE IMPRISONMENT (UNDER CALIFORNIA LAW)
False Arrest or Imprisonment - California Law Overview
FIRST AMENDMENT RETALIATION
Claims of First Amendment retaliation involve situations where an individual has been punished or sanctioned for speaking out, or engaging in some other form of constitutionally protected activity. To succeed, these claims must show that the protected speech or action was a “substantial or motivating factor” in the alleged retaliation.
Discipline of Students for Off-Campus Speech (First Amendment)
Retaliation Against Public Employee for Protected Speech (First Amendment)
MALICIOUS PROSECUTION (AND IMMUNITIES AND EXCEPTIONS TO IMMUNITIES)
Malicious Prosecution Overview
NEGLIGENCE (AND IMMUNITIES)
PROCEDURAL ISSUES THAT RECUR IN CIVIL RIGHTS LITIGATION
RLUIPA (RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT) CLAIMS RELATED TO RELIGIOUS PRACTICE
RLUIPA and Dietary Accommodations
UNREASONABLE SEARCH or SEIZURE (fourth amendment violation)
Unreasonable Detentions and Unreasonably Prolonged Detentions Overview