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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?

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.

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.

How to Identify a Civil Rights Violation in California

If you suspect that the police have violated your liberties, ask yourself the following:

• Did law enforcement use excessive or unnecessary force?
• Were you targeted because of your race, gender, or other protected characteristic?
• Were you detained or arrested without a valid reason?
• Were you denied medical care while in police custody?

Such acts frequently stem from police misconduct, especially in large cities like Los Angeles and Oakland. If any of these situations apply, you must act quickly to protect your legal rights.

What Should You Do If Your Civil Rights Have Been Violated?

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.

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.