Civil Rights Vi0lations

Civil Rights Lawyers in North Carolina

Civil rights laws protect individuals from unlawful conduct by government officials and public entities. When law enforcement officers, municipalities, or other government actors violate constitutional rights, individuals may have the right to pursue a civil lawsuit seeking accountability and compensation.

Civil rights cases are often brought under 42 U.S.C. § 1983, a federal law that allows individuals to recover damages when a person acting under color of state law violates rights protected by the United States Constitution.

These cases frequently involve violations of constitutional protections such as:

• The Fourth Amendment right to be free from unreasonable searches and seizures

• The Fourteenth Amendment right to due process and equal protection

• Protection from excessive force by law enforcement

• Freedom from unlawful detention or arrest

Civil rights claims may also arise under federal disability laws, including the Americans with Disabilities Act and the Rehabilitation Act of 1973, which prohibit discrimination by government entities against individuals with disabilities.

In North Carolina, individuals may also assert claims for violations of rights protected by the North Carolina Constitution, as recognized in the decision of Corum v. University of North Carolina.

Civil rights litigation can be complex and often involves significant legal and factual investigation. An experienced civil rights attorney can help determine whether your constitutional rights were violated and pursue appropriate legal remedies.

Additionally, police officers and State and Municipal Governments have important defenses they can raise that may bar your claim, including sovereign or governmental immunity or qualified immunity.

Statutes of Limitations may also vary based on each type of civil rights claim. A Statute of Limitations can time-bar your claims completely. Therefore you should not wait to speak to a civil rights attorney. Take action immediately to protect your claims and ensure that all viable claims can be brought on your behalf.

Types of Civil Rights Cases

Police Excessive Force

Law enforcement officers are permitted to use reasonable force when performing their duties. However, when officers use force that is excessive under the circumstances, it may violate the Fourth Amendment.

Excessive force cases may involve:

• Unjustified use of tasers or other weapons

• Physical force against restrained individuals

• Unnecessary use of force during an arrest

• Serious injuries resulting from police misconduct

A civil rights lawsuit may seek compensation for physical injuries, emotional distress, medical expenses, and other damages caused by unlawful force. Punitive damages may also be available for certain claims and certain defendants based upon the facts of each case.

False Arrest and Unlawful Detention

Individuals have the right to be free from arrest or detention without lawful justification. When officers arrest someone without probable cause, the arrest may violate the Fourth Amendment.

False arrest claims may arise from situations such as:

• Arrest without probable cause

• Arrest based on false statements or fabricated evidence

• Detention after officers know a person should be released

Civil lawsuits may seek compensation for loss of liberty, emotional harm, and other damages.

Malicious Prosecution

Malicious prosecution claims arise when a person is subjected to criminal charges without probable cause and for an improper purpose.

These claims may involve situations where:

• Officers knowingly provide false information to prosecutors

• Charges are pursued despite lack of evidence

• The criminal case ultimately ends in the accused person's favor

Malicious prosecution claims may be brought under 42 U.S.C. § 1983 and also under North Carolina state law.

Disability Rights Violations

Government agencies and public entities must provide equal access to individuals with disabilities.

Violations may occur when public entities fail to accommodate individuals under the Americans with Disabilities Act or the Rehabilitation Act of 1973.

Examples may include:

• Failure to provide reasonable accommodations

• Discriminatory treatment by public officials

• Denial of access to government services or programs

Individuals harmed by disability discrimination may pursue legal claims seeking damages and injunctive relief.

How a Civil Rights Attorney Can Help

Civil rights cases require careful investigation and detailed legal analysis. An attorney experienced in civil rights litigation can assist by:

Evaluating Potential Claims

An attorney can review the facts of your situation and determine whether constitutional or statutory rights may have been violated.

Investigating the Incident

Civil rights cases often require collecting evidence such as:

• police reports

• body-camera footage

• witness statements

• medical records

• government records

A thorough investigation is often critical to establishing liability.

Identifying Responsible Parties

Civil rights lawsuits may involve multiple defendants, including individual officers, supervisors, and municipalities. Legal doctrines such as municipal liability under Monell doctrine may allow claims against local governments in certain circumstances.

Filing and Litigating the Lawsuit

Civil rights lawsuits may be filed in state or federal court. An attorney can prepare the complaint, conduct discovery, file motions, and represent clients throughout litigation and trial if necessary.

Seeking Compensation

Civil rights lawsuits may seek damages for:

• medical expenses

• lost wages

• pain and suffering

• emotional distress

In some cases, the law may also allow recovery of attorney’s fees and punitive damages.

Speak With a North Carolina Civil Rights Lawyer

If you believe your constitutional rights were violated by law enforcement or another government official, it is important to speak with an attorney as soon as possible. Civil rights claims are subject to strict filing deadlines, and important evidence may need to be preserved quickly.

An experienced civil rights attorney can help you understand your rights, evaluate potential claims, and determine whether a civil lawsuit may be appropriate.

Contact the attorneys at Gerber, Green & Principe, PLLC today at (336) 725-6611 to discuss your potential civil rights claim and learn more about your legal options.