Civil Rights Lawyer California
Defining Civil Rights
Civil rights are the fundamental rights and freedoms that are granted to every individual by the government. These rights are outlined in the United States Constitution and provide protection against discrimination and unjust treatment. In essence, civil rights ensure that every person is treated fairly and without prejudice, regardless of their race, gender, religion, or other protected characteristics.
Freedoms Preserved by the First Amendment
The first amendment is not just the cornerstone of the Constitution but the cornerstone of our democracy in the US.
Freedom of Speech
Freedom of speech guarantees individuals the right to express their opinions, ideas, and beliefs without government censorship or punishment. This freedom not only allows for the free exchange of ideas, but it also serves as a vital check on government power.
Freedom of Religion
The First Amendment protects the right to practice any religion or no religion at all. It ensures that the government cannot establish or promote any official religion, while also prohibiting interference with the free exercise of religion. This freedom allows individuals to worship and express their beliefs freely, without fear of government interference or discrimination.
Freedom of the Press
Freedom of the press also holds the government accountable and promotes better transparency. Journalists may report on matters of public interest without fear of censorship or reprisal. This freedom is essential for a well-informed citizenry and plays a vital role in upholding the principles of democracy.
Give us a call at (510) 929-5400 if you are experiencing a civil rights injustice. We are ready to review your case for a free first consultation in Fresno, Modesto, Sacramento, Oakland, Pittsburg, Los Angeles and Inland Empire areas and we are available 24/7.
Why Choose Us to Represent Your Case?
Choosing the right Civil Rights Lawyer in California is crucial in a civil rights case. Here’s why our firm stands out:
- Experienced Advocacy. With years of experience in civil rights, our attorneys have the knowledge and expertise to build a strong case on your behalf. We understand the complexities of the legal system and use our experience to fight for the best possible outcome for you.
- No Upfront Fees. We believe that everyone deserves access to justice, regardless of their financial situation. That’s why we offer our services on a contingency fee basis, meaning you don’t pay any upfront fees. We only get paid if we win your case, ensuring that our interests are fully aligned with yours.
- Free Consultation. We offer a free initial consultation to discuss your case and explore your legal options. This allows us to understand your situation better and provide you with the information you need to make an informed decision about your legal representation.
- Aggressive Representation. We are fierce advocates for our clients. Our attorneys are known for their aggressive representation in court, ensuring that your case is presented with the utmost professionalism and determination. We fight tirelessly to achieve the justice you deserve.
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Civil Rights Protests in California: Wrongful Arrests & Injuries
As we explained before, the First Amendment gives people the right to freedom of speech and assembly. Unfortunately, the police sometimes violate this right through various methods intended to prevent people from expressing themselves. Recently, challenges to the right to protest have come in many forms. Police have thwarted demonstrations through mass wrongful arrests, illegal use of force for dispersal, or curfews.
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A Civil Rights Lawyer from Pointer & Buelna, LLP, Lawyers For The People represents clients who have had their rights violated during protests by being injured or wrongfully arrested by police. Trust in our experienced team of lawyers; we are ready to represent you and build a strong case on your behalf.
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What Are Civil Rights Violations?
Civil rights violations refer to the act of violating another person’s, business’s, or government’s constitutionally or legally protected rights. These rights include freedom from discrimination, rights to due process, and protection against any unlawful actions carried out by the police. California civil rights are protected both at state and federal law levels, thereby ensuring that justice is served to all members of society before the law.
Where such rights are infringed upon—via excessive police force, unlawful arrest, racial profiling, or any other sort of discrimination in particular—the victims may find ample legal grounds for filing a civil rights lawsuit. Our law firm operates with and for individuals who have experienced, first and foremost, police brutality and general misconduct.
Have You Been Victimized By Police in California?
Lawyers For The People represents clients victimized by police when exercising their civil rights. If you have a potential claim or legal question, contact us here and get help from a Civil Rights Lawyer California.
Protestors: Know Your Rights
Public Vs. Private Property
Your First Amendment rights are strongest in public areas such as streets, sidewalks, and parks. On private property, these rights are subject to the owner of the property. You can protest on sidewalks and streets, so long as you do not block traffic from cars or pedestrians.
Photography & Videography of Protests
Similar to the rules above, the use of photography and videography is allowed in public spaces so long as you are there legally. On private property, these rules are subject to the property owner.
Potential Reasons For A Civil Rights Claim in California
There are many ways in which civil rights can be violated. Below are some of the most common legal issues that may give rise to a civil rights lawsuit.
ADA: Disability Discrimination
The Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination in employment, housing, and public accommodations. Despite these protections, many disabled individuals continue to face denial of reasonable accommodations, workplace discrimination, and restricted access to public facilities.
If you or a loved one has been discriminated against due to a disability, you may have a valid civil rights claim under both state and federal law. California law provides additional protections through the Unruh Civil Rights Act, which prohibits discrimination based on disability and other protected characteristics.
Cruel and Unusual Punishment Under California Law
The Eighth Amendment of the U.S. Constitution prohibits cruel and unusual punishment. In California, this protection extends to individuals who are incarcerated or under governmental supervision. Some common violations include:
- Excessive use of force by prison guards.
- Inhumane detention conditions, including overcrowding and lack of medical care.
- Denial of adequate healthcare to inmates.
If you or a loved one has suffered mistreatment in jail or prison, you may have legal recourse under both state and federal laws.
Hate Crimes
Hate crimes are acts of violence, threats, or intimidation motivated by bias against an individual’s race, religion, sexual orientation, gender identity, or other protected characteristic. California has some of the strongest hate crime laws in the nation, imposing enhanced penalties for offenders.
According to the California Department of Justice, hate crimes include threats, intimidation, or violence committed against an individual based on protected characteristics, and the state imposes criminal sanctions for violations.
Victims of hate crimes have the right to file both criminal charges and civil lawsuits seeking compensation for their harm.
Illegal Search and Seizure
The Fourth Amendment protects individuals from unreasonable searches and seizures by law enforcement. This means that police officers must have probable cause or a warrant before searching your home, car, or personal belongings.
Common examples of unlawful searches and seizures include:
- Warrantless home searches.
- Unlawful traffic stops leading to searches.
- Seizure of property without legal justification.
If law enforcement violates your Fourth Amendment rights, evidence obtained through illegal searches may be excluded from court, and you may have grounds to file a civil rights lawsuit.
Police Brutality
One of the most egregious forms of civil rights violations is police brutality, which includes the excessive or unwarranted use of force by law enforcement officers. This can include:
- Unjustified shootings
- Physical assault or beatings
- Use of Tasers or other weapons without cause
- Chokeholds and other dangerous restraints
Wrongful Arrests
In order for a police officer to arrest an individual, they need to have a reason. A person must have been witnessed breaking the law or be suspected of attempting to commit a crime for an officer to be allowed to arrest them. If police begin arresting people following a dispersal order, they must follow certain rules.
Use Of Force & Dispersal
If police believe that a protest may become violent or lead to other criminal activity, they may issue an order of dispersal. This is viewed as a last resort for police officers. The danger must be clear and present, and police must follow a protocol for carrying this out. Protestors must be allowed to comply with the dispersal order and clear directions. They must be given plenty of time to safely leave, as well as a clear path to the exit. If police officers don’t follow these rules or use excessive force, there could be grounds for a civil rights case.
Injuries
Common injuries associated with improper handling of dispersal or excessive use of force on protestors include:
Tear Gas & Pepper Spray Injuries
Police often use these items to thwart protests; however, they must abide by the protocols of use for both. Using either of these deterrents can cause serious damage if used negligently. For victims of tear gas use, there can be severe and sometimes permanent damage to the eyes.
Pepper spray victims can also have permanent eye damage. Both deterrents also can cause damage to people with respiratory problems or possibly be fatal in serious cases of negligence.
Rubber Bullets
The damage from rubber bullets can be extremely dangerous. Their devastating damage has led to a significant outcry for their banning as a deterrent for protests. If a negligent officer uses them improperly, they can lead to serious eye damage or even be fatal.
Adanté Pointer
Pointer has received numerous awards and honors. He has been selected as the “Nations Best Advocate” by the National Bar Association, a “Superlawyer” in 2021 by Superlawyers Magazine and was recently featured as being “the Best Civil Rights Lawyer You May Not Have Heard Of” by the East Bay Express.
Years of Experience: 16+ years
Steps To Take After Being Victimized While Protesting
Seek Medical Attention (If Necessary)
Lawyers For The People always advocates seeking medical attention immediately if you have been injured during a protest. A doctor can help document your injuries and get you on the path to recovery
Gather Evidence
To improve potential civil rights claims, gather as much information as possible during and after an incident.
- Names, badge numbers, and police car numbers of any involved officers
- Contact information for witnesses or other victims
- Take as many photos and videos as you can
Contact A Civil Rights Lawyer in California for a Free Consultation
If you or someone you know have had their rights as a protestor violated by police, you may have grounds for a civil lawsuit. If you have any questions about moving forward with a civil claim, Lawyers For The People can help you determine your next steps. Our legal consultation is free
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- Which of These Actions Could Constitute a Breach of the Civil Rights Act?
Civil Rights Attorneys Near Me:
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