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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:

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.
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