Civil Rights Litigation in NYC
What are civil rights?
Civil rights are those rights guaranteed to you per the United States Constitution. Although these rights are inalienable, they are sometimes violated in certain instances by the New York Police Department or other police agencies. Most police officers are well-intentioned and doing their best to serve the community. It is vital, however, that a lawyer be asked to step in when police officers fail to fulfill their primary duty. Such violations can occur for any number of reasons and may include personal prejudice or a police officer overreacting to an emotionally charged situation. Whatever the circumstances, there is no excuse for your civil rights to be violated. Some examples of how this may occur include:
- False Arrest - arresting an individual without a reasonable basis in fact to suspect a crime
- False Imprisonment - denying an individual of his freedom without a legal right to hold him
Police Brutality - includes such things as excessive force and custodial
- Malicious Prosecution - criminal prosecution without any legal basis or factual support
- Racial Profiling - targeting someone for suspicion of a crime based solely on their race, religion, ethnicity or national origin
There are also times that your civil rights may be violated once you are already in jail or prison. Prejudice guards or authorities may single you out for excessive punishment or ridicule because of your race, gender, or sexual orientation. This is expressly illegal, and those that engage in prejudice, racist, sexist, or biased activity should definitely be brought to the prosecution. Individuals have the right to report any civil rights violations within juvenile halls, detention centers, health care facilities for persons with disabilities, and more. According to the United States Department of Justice, the Civil Rights Division was formed in 1957 to make sure that all of the civil and constitutional rights of Americans are upheld. The division is dedicated to looking out for the most vulnerable members of society and prohibits any type of discrimination.
Types of Discrimination
Most people think of discrimination as racial. While discrimination against certain ethnic groups and cultures is certainly one aspect of the violation of civil rights, there are other ways that people can prove to be guilty of the crime of civil rights violation. According to The Department of Justice, it is a direct disobedience to the Constitution of the United States if a person discriminates against another based on any of these areas:
- Race – A division of humankind that has distinct physical characteristics which set that group apart from others
- Color – The skin pigment of any human being that is typically tied to that person’s racial roots
- Religion – The beliefs and practices of any people group or individual in society
- Familial Status – The amount of children in a family, woman’s pregnancy, or another factor regarding family size and members
- Sex – The gender of a person, whether male or female
- Disability – Any physical or mental impairments that limit a person’s movements, senses, or activities
- National Origin – The country associated with a person’s heritage or past residency
Discriminating based on any of the above areas is considered illegal, whether in the workplace, housing market, or in law enforcement procedures. Whether you have been racially profiled, falsely imprisoned, discriminated against when purchasing a home, or terminated from work because of a pregnancy, these are all reasons that you should hire a lawyer to help you in your case. As well, if you believe that you have been denied your civil rights because of your gender, or were denied housing because of the amount of children you have, then this may be a reason to seek compensation. You should never allow a non-constitutional action to go unpunished. The Justice Department encourages men and women to report any civil rights violations that they discover, so hire a New York City civil rights litigation attorney from Hecht, Kleeger & Damashek, P.C. today to help you.
False Arrest, Police Brutality & Racial Profiling
If your civil rights have been violated, contact us at Hecht Kleeger & Damashek, P.C. right away. In cases involving civil rights violations, it is important to act quickly. The legal system involves processes in which one step automatically follows another, so one postponed action can result in a failed case. At the firm, we are available 24 hours a day, 7 days a week and care about being of service to you in your time of need. We have recovered tens of millions of dollars for our clients and feel passionately about fighting for you and your family. Don’t hesitate to hire a lawyer at the firm today to discuss your options and see what possibilities there are for litigation regarding your case.