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November 18, 2024

What Is a Civil Rights Violation?

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

A civil rights violation occurs when someone is denied their liberties protected by the Constitution or federal and state laws. These violations can happen in different situations, such as interactions with law enforcement, in the workplace, or within educational institutions. Knowing what is a civil rights violation helps identify and address instances of injustice.

At Pointer and Buelna, LLP – Lawyers For The People, we advocate for individuals who have experienced these circumstances, especially in civil rights violations and police misconduct cases.

What Is a Civil Rights Violation?

Civil rights laws protect individuals from unfair treatment by governments, institutions, and private parties based on characteristics such as race, religion, gender, national origin, disability, or sexual orientation. In California, these rights are reinforced by federal statutes and robust state laws, such as the Unruh Civil Rights Act and the Ralph Civil Rights Act. These laws guard against discrimination in housing, employment, education, and access to public accommodations.

It involves the infringement of an individual’s legally protected rights, which are meant to guarantee equality and fairness. These include protection from discrimination, unfair treatment, and physical abuse by government authorities such as law enforcement officers. In the state, these violations frequently occur in cases involving excessive police force, racial profiling, or wrongful arrests.

The California Attorney General’s Office defines civil rights as fundamental rights protected by the U.S. Constitution and laws enacted at both the federal and state levels, including the freedom from unlawful searches, seizures, and police brutality. 

People are also protected from abuse of power—think unlawful arrests, excessive force, or punishment for speaking out. The California Department of Justice outlines these rights and offers clear paths to enforcement.

Common Examples of Civil Rights Violations

Civil rights violations take many forms. Some of the most frequent examples, especially in interactions with law enforcement, include:

• Excessive Force: When police officers use more physical force than is reasonably necessary during an arrest or detention.
• Racial Profiling: When individuals are targeted or treated differently based on their race or ethnicity.
• Unlawful Arrests: Arresting someone without probable cause or a valid warrant.
• Denial of Healthcare: Failing to provide adequate medical care to a person in custody, which violates their constitutional rights.

What Laws Protect Against Civil Rights Violations?

Both federal and state laws protect individuals from these misfortunes. Federal laws, such as the Civil Rights Act of 1964 and the Fourth Amendment of the U.S. Constitution, safeguard against unlawful searches, seizures, and discrimination. The FBI’s Civil Rights Division also enforces these statutes, investigating cases involving police misconduct, hate crimes, and abuse of power.

The California Civil Rights Act and the California Fair Employment and Housing Act (FEHA) provide additional protections in the area. They extend beyond federal provisions to protect individuals from discriminatory practices in the workplace, housing, and public spaces.

What to Do When Your Civil Rights Are Violated in California

When civil rights are violated in California, it’s crucial to document the incident, report it to the appropriate agency, and speak with a civil rights attorney who understands state-specific legal protections.

If you believe that your civil rights have been violated, the first step is to document the incident in as much detail as possible. This includes:

• Writing down the names and badge numbers of the officers involved.
• Taking photographs or videos (if it’s safe and possible).
• Gathering witness contact information.

Next, consider filing a complaint with the U.S. Department of Justice Civil Rights Division. You should also seek legal advice as soon as possible to evaluate your options.

Gather Evidence of the Violation

Documentation is critical. Claims may be challenging to support in court or with a government agency without credible proof. Capture details as soon as possible:

• Take photographs or video of the incident or aftermath.
• Write down everything you remember—who was involved, what was said, and when and where it happened.
• Save communications, emails, or social media content that may serve as supporting material.

If witnesses are present, try to get their contact information and written statements.

File a Complaint with the Relevant Agency

The next step is making your case official. Where you file depends on what happened:

• For discrimination in housing or employment, file with the California Civil Rights Department (CRD).
• For police misconduct or constitutional violations, the U.S. Department of Justice and local oversight boards handle those cases.
• Refer to California’s Department of Justice Civil Rights Enforcement Section for public access or accommodations issues.

Consider Mediation or Informal Resolution

Not every violation needs to escalate to court. California often encourages early resolution through mediation programs.

This may be a viable option if:

• The violation didn’t cause lasting damage.
• You’re open to a conversation with the other party.
• You want closure without a drawn-out legal fight.

Consult with a Civil Rights Attorney

Think of a civil rights attorney as your navigator through a complicated legal map. Legal definitions and protections vary by context. A legal advocate will help determine whether your experience meets the legal threshold, if your situation qualifies, how strong your evidence is, and, just as importantly, what to do next.

File a Lawsuit if Necessary

If other avenues fail or the violation caused significant harm, filing a civil rights lawsuit may be the next step. In California, claims can be brought in state or federal court depending on the statute violated.

Potential outcomes may include:

• Monetary damages for emotional distress or loss.
• Injunctive relief to prevent further violations.
• The defendant covers legal fees and court costs.

Strict deadlines, known as statutes of limitations, apply, and for government-related claims, the statute of limitations can be as short as six months. Timing and legal strategy are crucial, making early consultation essential.

How a Civil Rights Lawyer in California Can Help You

Navigating the legal system can be overwhelming. An experienced civil rights lawyer can help you with:

• Assess your case and determine if a legal claim is viable.
• File a lawsuit against the responsible parties, including police departments or individual officers.
• Advocate for you in court to ensure justice is served and seek compensation for damages such as emotional distress, medical expenses, or lost wages.

Contact a Civil Rights Lawyer in California Today

At Pointer and Buelna, LLP – Lawyers For The People, we specialize in holding law enforcement accountable when they abuse their power. Our Civil Rigths Attorneys in California have a proven track record of securing justice for victims of police misconduct and other civil rights violations. Call us at (510) 929-5400 or schedule a free consultation here.