Civil Rights
Civil Rights encompasses a broad area of law the Garrett Law Center’s attorneys have handled cases involving police misconduct and prison and jail litigation to help people know their rights.
Police Misconduct
The Constitution protects your civil rights against police brutality, excessive force, prison rape, inmate-on-inmate violence, discrimination and deliberate indifference to serious medical needs
The Constitution requires that no U.S. citizen may be deprived of his life, liberty or property without due process of law. It protects us against police misconduct, such as excessive use of force, searches without a warrant, false or unlawful arrest and false imprisonment.
While for the most part police officers help to enforce the laws and benefit society, there are instances where as a result of misconduct, constitutional rights have been violated. Situations that provide examples of police misconduct may include the use of excessive force involving beating or unwarranted shooting, false charges to cover up bad arrests, extreme use of threats or duress during interrogation, coercion of women into sexual acts and refusals to testify against fellow officers who have engaged in police misconduct.
In most instances, there must be probable cause in order to make an arrest. In other words, the police officer must be of the opinion that a crime has either been committed or is about to be committed.
Prison & Jail Litigation
Jails are correctional facilities operated by local governments, and sometimes by private corporations, for holding persons convicted of a sentence that is usually one year or less, or for holding persons who are awaiting arraignment, trial, conviction, sentencing, a parole or probation violation hearing and transfer to other correctional facilities. Prisons are state or federally operated facilities that confine individuals sentenced for more than a year, usually for felony convictions.
There are a number of issues regarding conditions in prisons and jails that come under litigation, some of which may include, but are not limited to Jail or prison suicides and Medical care. Jail or prison personnel must take steps to prevent an inmate from committing suicide when there is knowledge of a threatened or attempted suicide. There must be no delay in medical care when jail or prison personnel have knowledge that an inmate has a serious need requiring medical attention and deliberate indifference to serious medical needs.
Federal law provides a remedy for a host of civil rights violations committed by persons acting under color and authority of state law.
Civil rights violations involve the deprivation of rights secured by the Constitution or laws of the United States by persons acting under color and authority of state law.
Many civil rights violations occur through encounters with police officers, corrections officers, jail officials or other law enforcement officers, but can also include deprivations caused by any person employed by or working on behalf of a government agency, including private companies performing traditional government functions.
Federal law allows victims of civil rights violations to file civil rights lawsuits for money damages and injunctive relief. A civil rights violation may occur at any time during an encounter with law enforcement.
The following links provide additional information regarding the most frequent civil rights violations:
Excessive Force & Police Brutality
The American Civil Liberties Union has a link that will further explain many of your rights.
The Garrett Law Center stands ready to assist you today for your free consultation.
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