Civil Rights Litigation

As a personal injury law firm, our firm is experienced with civil rights lawsuits. A successful civil rights lawsuit requires proof of two things:

• Proof that a civil rights law was broken, and
• Proof that a person or group of people experienced a significant, life-altering loss when that law was broken.

What Does "Loss" Mean in a Civil Rights Lawsuit?

While civil rights laws are broad and cover many areas of human rights, civil rights lawsuits are designed to help a person recover damages from something they lost.

Losses include:

• Physical injury that injures a person's body in a permanent way or requires long-term medical care
• Sexual assault
• Loss of life (death of a loved one by neglectful or harmful actions)
• Loss of employment

What is a Civil Rights Violation?

In simple terms, this is a violation of your personal rights guaranteed by the Bill Of Rights. Please note that while all personal rights violations are harmful, not all personal rights violations are actionable for the purpose of establishing a lawsuit. A lawsuit can only be established if loss occurred (see above).

The Color Of Law

This term is widely used to describe an individual using the authority given to him or her by any a local, state, or federal government agency, such as a police officer or district attorney. A civil rights violation that constitutes a lawsuit under the Color of Law can include:

• Serious physical injury or death due to excessive force by police or the Department of Corrections
• Failure to keep someone from harm
• Sexual assaults (in custody, etc.)

Other common civil rights complaints investigated by the FBI include racial violence, i.e., physical assaults, homicides, verbal or written threats, or desecration of property.

Section 1983

This is the section of the US Code (42 U.S.C. §1983) that covers many civil rights violations, particularly the 4^th Amendment. “Section 1983” is used to define a number of civil rights violations.

It’s most commonly used in police-related actions, such as illegal search and seizures, the use of excessive force, wrongful arrests and other misconduct. However, a Section 1983 action can involve any local, state or federal employee operating under the color of law.

The Civil Action for Deprivation of Rights Act, known as “Section 1983,” was enacted as part of the Civil Rights Act of 1871. It provides a private remedy for the vindication of one’s rights. The relevant part of the Act reads:

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.

As a plaintiff in an injury lawsuit pertaining to civil rights violations, you must prove basic two points:

• 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 in a way that caused serious, life-altering injury or loss of life.

Of course, a court action has other, more complex requirements in addition to these. This is where a lawyer who understands civil rights violations can help the most.

It’s important to note that the “Civil Rights Movement” refers specifically to African Americans who are working to achieve equality in society, and securing the right to vote without obstacles. But the broader term “civil rights” includes equal rights for everyone, without regard to race, sex, age, disability, national origin, or religion.

Defend Your Civil Rights In Kansas City

No one has the right to deny you the civil rights you have.

If you or someone you love has sustained a serious injury or loss of life as the victim of police misconduct or other types of violations at the hands of the government, your search for a civil rights attorney in Kansas City has led you to the right place. Call The Popham Law Firm today at (816) 221-2288, or use our online contact form.

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