Civil Rights Violations
The U.S. Constitution establishes the core values of our people and contains critical protections that form the foundation of our society – the right to be free from unreasonable searches and seizures, the protections of due process and the right to privacy, among others. Each and every person living in the United States has certain rights that no one should be allowed to violate – this includes the government and also law enforcement. Most citizens belief that if they’ve done nothing illegal, then their rights will be protected and respected by government actors. But the harsh reality is that constitutional violations occur daily throughout our country whether it be due to negligence, recklessness or malice on the part of government actors.
If you believe you’ve been a victim of a civil rights violation, you should contact an attorney right away. Holding government actors accountable is essentially impossible to do on your own. By their very nature, civil rights violations are committed by people in positions of power, including law enforcement officials and government employees, which presents hurdles for victims seeking redress for violations. For the past ten years, Mr. Scott has been helping victims overcome those hurdles and seeking justice for civil rights violations in both state and federal court. To have the best chance of being successful in a civil rights violation case, contact our office today for a consultation by filling out our online form on the "Contact Us" portion of this website or by calling (770) 480-0018. We are here to help you understand your case, the merits of your claim or defense and your potential monetary awards.
Common Examples of 42 U.S.C. § 1983 Civil Rights Violations
There are a multitude of ways that your civil rights can be violated, but some of the most common civil rights violations include the following:
UNLAWFUL ARRESTS, DETENTIONS, & CONVICTIONS
Studies estimate that between 4-6% of people incarcerated in US prisons are actually innocent. While that is a troubling statistic, it does not include those individuals who were arrested in violation of the 4th Amendment but later had their criminal cases favorably terminated. That figure is certainly much higher. Fourth Amendment violations, from wrongful detentions to wrongful convictions, typically result from one or more of the following:
-Intent by law enforcement officer to inflict harm or punish
-Formation of unwarranted suspicions based on innocuous everyday situations
-Inaccurate assumptions of criminal activity when there is none
-Ignoring exculpatory evidence when presenting, fabricating, or misrepresenting evidence
The 4th Amendment protects people from unreasonable searches and seizures by the government and creates a right for individuals to not be arrested in the absence of probable cause.
Under the 4th Amendment, a person has the right not to be arrested unless probable cause justifies the arrest. Malicious Prosecution and False Arrest are the two most common claims brought by victims of 4th Amendment violations. False Arrest occurs when a person is warrantlessly arrested without probable. But to succeed on a claim of malicious prosecution under the Fourth Amendment, the person claiming injury must show that they were the subject of a prosecution that:
-Involved malice and without probable cause
-Terminated in the accused's favor, and
-Caused damage to the person falsely accused.
Police departments exist to keep the public safe from harm. Each year, however, there are thousands of cases of law enforcement officers overstepping their authority and violating the civil rights of the people they are sworn to protect. Police brutality can occur in a number of ways, including the use of excessive force, physical abuse, and even torture and sexual abuse. When these events occur, filing a police brutality lawsuit may allow victims to recover compensation for the injuries they incurred and the injustice they experienced.
PRISONER ABUSE AND DELIBERATE INDIFFERENCE TO SERIOUS MEDICAL NEEDS
Inmates in Georgia jails, prisons, and juvenile detention facilities have basic human rights afforded to them by the 8th amendment. However, inmates are often denied medical care, assaulted, or subjected to inhuman conditions or otherwise cruel and unusual punishment. Our attorneys have had significant success representing inmates who have experienced such treatment.
A Civil Rights Attorney Will Fight for What’s Right
Civil rights laws are crucial in the protection of the rights and dignity of all people who live in the United States. Violations can come in many forms, including verbal harassment and racial slurs, unequal treatment because of your sex, excessive force used by law enforcement, or discrimination in the workplace as a result of your age, religion, or another protected characteristic. The unfortunate reality is that not all people have been afforded the same protections as the law requires. If you have ever felt that your civil rights were violated, we are here to help. Our civil rights attorneys will be happy to take on your case and fight for what is right. Contact us today for a consultation by filling out our online form or calling (770) 480-0018.