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Civil Rights Questions

Civil rights are rights that belong to an individual based on virtue of citizenship. This includes the freedoms and privileges provided by the 13th and 14th Amendments to the U.S Constitution. Civil liberties, due process, equal protection of law and freedom of discrimination are just a few of the rights given. Many questions arise when dealing with civil rights and how they affect us. Below are just a few of the more commonly asked questions that have been answered by Experts.

I believe I have not had any Civil Rights for 40 years. I have never been arrested, just harassed by the police. This has affected my career, family relations, every facet of my life. How can I make it stop?

You may have a cause of action under the civil rights act 42 USC 1983. This is a federal law that can assist you in suing a government agency (police department) for violating civil rights.

The law reads like this:
“Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, Suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. “

While it may be hard to prove, if you can show that the police continue to harass you even though they know you are innocent, it may be possible for you to win a lawsuit and be awarded monetary damages.

If you plan to sue, you will want an attorney who is experienced in civil rights. You can usually find attorneys who will work on a contingency basis. This means that the attorney will be paid when there is a Verdict or settlement. You can look on this website for an attorney: www.martindale.com

How can I start a civil rights lawsuit against my local Sheriff's department without a lawyer? Lawyer referral service says no attorney in the county can or will try a civil rights case.

While you can file yourself, a Civil Rights lawsuit under 42 USC 1983, the civil rights act, may prove a difficult task for some people who are not familiar with the law. When representing yourself, you will be expected to know the law and procedures just as if you were a licensed attorney. The court won't take it easy on you because you are not an attorney. If you want to win your case, you should consider hiring an attorney.

Your attorney doesn't have to live in your county. An attorney can represent you regardless of where they reside in the state. As long as you have a strong valid case, you shouldn't have an issue finding an attorney to represent you.

Can I refuse someone service in my restaurant because I find them to be bad mannered, unkempt, undisciplined with their children (i.e., allow their kids to do whatever they want), etc.?

Generally you can refuse service to anyone who is not properly dressed (no shirt, no shoes, no service) or who is being obnoxious or in a way that doesn't fall in the protected class. This will also include children who are not behaving.

The Civil Rights Act of 1964's Title 2 outlaws discrimination in hotels, motels, restaurants, theaters, and all other public accommodations engaged in interstate commerce. But the 'protected class' of that law is race, color, religion, national origin, age (40 and over), sex, and a few others.

So, as long as the reason for refusing service doesn't fall under these protected classes, you can ask the person to leave and refuse services.

How am I protected from the civil rights act of 1964?

The Civil Rights Act of 1964, and enactments to it since 1964, prevents discrimination against people based on their race, religion, gender, age, and disability. This means that you are protected from a person denying you entry to an establishment (restaurant, school, library, store, etc.) due to these reasons. There are many aspects of discrimination and the civil rights act of 1964 ensures that you will be protected from them.

Civil rights are a very important part of our daily lives. Civil rights protect us from unlawful acts such as discrimination based on race, age, gender, and religion. If you have questions or doubts about your civil rights, you should ask an Expert. An expert can provide answers to all of your questions regarding civil rights.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 8436
JD, BBA Over 25 years legal and business experience.
Ely
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
FiveStarLaw
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Satisfied Customers: 8189
25 years of experience helping people like you.

Recent Civil Rights Act Questions

  • i received a citation from sheriff's department for failing

    i received a citation from sheriff's department for failing to have a traders license and failure to display license(forgot to renew $100 license). made the original court date and asked for continuance as it was taking awhile to deal with as i went out of business shortly thereafter and county would not renew license due to a notice put on account about sales tax which i owed and was attempting to take care of. I thought new court date was tommorow but apparently i got date wrong. i received a letter stating warrant wass out for my arrest and to call and make arrangements tomturn myself in or the enforcement squad would pick me up.
    will i be facing addittional charges? do i need to retain an attorney because of this or can i turn myself in without counsel. Will i be released with bail or on my own recog or will i be held until trial?
    i have a completely clean record before this. thanks for your help.
    State is maryland. anne arundel county.
  • For the past four years I have posted my travel photographs

    For the past four years I have posted my travel photographs from 1974 to present day on a Tumblr blog. Kind of like an online scrapbook.
    I have photographs of myself with my ex-finacee at various locations in Europe and in the U.S. from trips that we took that I would like to post. None of these photographs were coerced and she gladly & happily posed for them at the various locations we went to.
    We know longer speak as she was unfaithful and deceptive at our parting. I am no longer mad at her but I enjoy the photos and some of them are places I will no longer visit.
    As the photographer I understand that I own the photographs as she never requested then back (we have been parted for over ten years).
    Can I legally post these travel photographs of us on my Tumblr blog?
  • For Law Educator...Hi. This is in regards ***** ***** 1983

    For Law Educator...

    Hi. This is in regards ***** ***** 1983 and 1985 lawsuit in federal court.

    I have spoken to other attorneys about this, but I wanted your second opinion.

    I plan to file a federal civil rights lawsuit in federal court. One of my claims is a 1985 conspiracy claim which lists my former defense attorney as a party, whom I claim had conspired with the DA (and possibly a judge) to corner me into a guilty plea (among other things). Another count is for a 1985 malicious prosecution conspiracy, which lists as a party the alleged victim in the case.

    Meanwhile I have since spoken with an attorney who has studied my evidence, and, said that I have state claims for "malpractice" against my defense attorney for his actions with regards ***** ***** and the alleged victim for a state "malicious prosecution" count (not conspiracy, just her alone).

    We are now under contract, and my attorney is preparing to file the state counts (against defense attorney, and alleged victim) in state court. Meanwhile I plan to file the federal complaint in regards ***** ***** counts against these same individuals for essentially the same misconduct, but different claims.

    My question is: is splitting the same cause of action into two lawsuits (federal and state) okay? What is the worst that can happen?

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