Blog

November 1, 2024

Which of These Actions Could Constitute a Breach of the Civil Rights Act?

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

Wonder which of these actions could constitute a breach of the civil rights act?. In resume, a breach of the Civil Rights Act happens when individuals experience discrimination in areas such as employment, housing, or interactions with law enforcement. Knowing what actions qualify as violations is crucial if you believe your rights have been violated.

At Pointer & Buelna, LLP – Lawyers for the People, we are committed to helping California residents fight civil rights abuses, with a focus on cases involving civil rights violations. Below, we will outline key protections, highlight common violations, and offer guidance on what to do if your constitutional rights have been violated.

Key Protections Under the Civil Rights Act

The Civil Rights Act is a set of federal laws to prevent discrimination based on race, color, religion, sex, or national origin. In California, additional protections like the Fair Employment and Housing Act (FEHA) safeguard against discrimination in areas such as employment, public services, and interactions with law enforcement. Title VI of the Civil Rights Act specifically prohibits discrimination by any entity receiving federal funding, including police agencies, which is critical in cases of racial profiling, excessive force, or other misconduct.

Which of These Actions Could Constitute a Breach of The Civil Rights Act?

Many forms of discrimination or misconduct can violate your rights. In the context of law enforcement, actions that could constitute a breach of the Civil Rights Act include:

• Excessive Use of Force: Unnecessary or disproportionate force during an arrest or encounter can violate federal and California law.
• Racial Profiling: Targeting individuals based on race or ethnicity without reasonable suspicion is illegal.
• Unlawful Arrest or Detention: Arresting or detaining someone without cause or due process (especially based on discrimination) breaches civil rights.
• Unjustified Use of Deadly Force: The use of deadly measures without immediate threat can violate federal civil rights protections.

How Are Civil Rights Violations Handled in California?

California has strong legal protections for human rights violations, particularly those involving law enforcement. Victims of police misconduct can file lawsuits in state or federal courts through the Civil Rights Enforcement Section of the California Department of Justice. Along with federal laws like 42 U.S. Code § 1983, California’s Tom Bane Civil Rights Act (Civil Code Section 52.1) allows individuals to seek damages for rights violations caused by threats, intimidation, or coercion, including from police.

What to Do if You Believe Your Civil Rights Have Been Violated

Act swiftly to protect yourself and preserve evidence for your case, which is essential. Here are some steps you can take:

1. Document Everything: Write down details of the incident, including the date, time, location, and the names of any officers or witnesses involved.
2. Seek Medical Attention: If you were physically harmed, get medical help immediately and retain all records as evidence.
3. File a Complaint: You can file a complaint with the police department’s internal affairs division, the California Attorney General’s Civil Rights Enforcement Section, or a local civil rights organization.
4. Consult a Civil Rights Attorney: If you feel your civil rights have been compromised, it’s vital to consult an attorney experienced in handling these infringements.

How a Civil Rights Attorney in California Can Help

Civil rights cases are often intricate, making it fundamental to have a skilled attorney to gather evidence, file claims, and, ultimately, pursue justice on your behalf. Their expertise can make all the difference in achieving a fair outcome.

At Pointer & Buelna, LLP, we are dedicated to holding authorities accountable for any violations. If your civil rights have been breached, contact us for a free consultation.