Our nation was founded on the guiding principle that government is meant to serve the people, and when they fail in that duty, the people are allowed to respond.
In fact, it’s written in the First Amendment to the U.S. Constitution that Congress “shall make no law abridging the freedom of the people” to “petition the Government for a redress of grievances.”
In theory, that meant we could speak out when we thought our government was doing something wrong, but there was little else we could do. That all changed in 1964 when the Civil Rights Act was passed by Congress and signed into law. This act was born out of the protests, marches, and demonstrations of the time.
It solidified everyone’s right to hold the government, private businesses, or public institutions accountable for violating civil rights.
Those are the very same rights established in the Constitution.
The way to address those violations is through a civil rights lawsuit. These are extremely complex cases that require the dedication of skilled attorneys with a deep understanding of all applicable civil rights laws in West Virginia. The attorneys at DiPiero Simmons McGinley & Bastress, PLLC have taken on many institutions that have violated their clients’ rights.
If you believe your civil rights have been violated, we want to hear from you.
Common Types of Civil Rights Violations and Claims
We all have rights that are established by law. When those rights are violated, you are entitled to seek a remedy. Although there are many types of civil rights violations, they primarily focus on three core areas: Police misconduct, employment practices, and housing.
Police Misconduct
Police misconduct is one of the most frequently litigated civil rights violations.
These violations typically involve the use of excessive force beyond what is reasonable, or making false arrests and unlawful detention. This type of misconduct also covers unlawful search and seizure and malicious prosecution.
Employment and Workplace Discrimination
There are federal statutes, such as Title VII of the Civil Rights Act of 1964, that protect employees and job seekers from discrimination. Specifically, it addresses adverse actions involving hiring, firing, or promotion based on race, color, religion, sex, or national origin. Additional civil rights violations include workplace sexual harassment or retaliation for filing a complaint.
Housing and Public Accommodations
If someone refuses to rent, sell, or negotiate any type of housing based on race, disability, religion, or gender, they’re violating your civil rights. Public accommodations refer to the provision of goods, services, or facilities that allow people to enjoy them fully and equally.
In other words, you can’t be kept from a business because of gender, race, or religion.
Other civil rights violations include suppressing free speech or preventing peaceful assembly. Even incarcerated individuals are entitled to certain rights, including humane conditions and access to medical care.
The Role of Section 1983 in Protecting Your Rights
Section 1983 is a federal statute that provides a pathway for individuals to sue state and local governments for violating civil rights. The statute enforces your federally guaranteed rights, including the following:
- The First Amendment protects freedom of speech, religion, and the right to assemble.
- The Fourth Amendment protects against unreasonable searches, seizures, and excessive police force.
- The Eighth Amendment for protection against cruel and unusual punishment, which is typically related to prisoners.
- Fourteenth Amendment, which is a guarantee of due process and equal protection under the law.
Although those amendments seem easy to understand, they are often open to interpretation. That is why many civil rights violation cases end up making their way through the court system all the way up to the Supreme Court.
A Supreme Court ruling is the proverbial “final say” on whether someone’s civil rights have been violated.
Work With an Experienced Civil Rights Attorney
Immunity Doctrines and Challenges in Civil Rights Cases
You are entitled to seek a remedy for a civil rights violation. The person or entity you’re suing also has rights, especially if they are a government employee.
This is where the concept of immunity doctrines comes into play.
These are the legal shields that certain classes of government employees can invoke that prevent them from being sued. These are the types of immunity doctrines that can be used to challenge a civil rights lawsuit:
Qualified Immunity
This type of immunity protects government officials from being sued, provided their conduct doesn’t violate rights clearly established at the time of the incident. Qualified immunity is often invoked by law enforcement officers.
Absolute Immunity
This provides a total shield of immunity from liability for certain officials acting within their official duties. Typically, this would apply to judges, prosecutors, and legislators. For example, you can’t sue a judge who ruled against you in a proceeding.
Sovereign Immunity
This type of immunity protects federal and state agencies as a whole from being sued. It will mean that you have to sue individual officers of the agency.
It is important to note that just because someone or some entity claims immunity doesn’t guarantee they are absolved from being sued. You can still challenge those immunity shields. When invoked, the immunity slows down the case, as you will first have to argue whether the immunity is valid.
If the court finds that an immunity claim is not valid, you can then proceed on the merits of your case.
The challenges of overcoming immunity doctrines discourage many plaintiffs from pursuing their claims. That is why you need a skilled attorney on your side who will be honest with you about the challenges of overcoming immunity shields.
How a Charleston Civil Rights Attorney Can Help
Filing a civil rights lawsuit requires the support of an experienced civil rights attorney who understands the law. The attorneys at DiPiero Simmons McGinley & Bastress, PLLC have worked on many civil rights violation cases. Our growing list of victories is proof that we don’t back down from a fight for justice, no matter who we are going up against.
If we agree that a civil rights violation has occurred, we’ll conduct a thorough investigation that will include gathering body-camera footage, witness statements, and employment records to establish a pattern of misconduct. We also know which agencies to file a complaint with to place the incident on the official record. That often involves filing with the West Virginia Human Rights Commission or the U.S. Equal Employment Opportunity Commission (EEOC).
Once we have a clear understanding of the entire scope of the violation, we’ll proceed with filing the lawsuit. At that point, we can enter into negotiations for a potential settlement.
We keep our clients informed every step of the way.
If you feel as though your civil rights have been violated, you’ll have questions about what should happen next. We can provide those answers with a free case evaluation.
Call to schedule your consultation today.
We will review your potential case promptly and contact you to discuss the merits.