- What constitutes a "Civil Rights" violation?

A. - A Civil Rights violation occurs whenever any person, acting under color of law subjects, or causes to be subjected, any citizen of the United States or other person within the jurisidiction theref to the deprivation of any rights, privileges or immunities secured by the Constitution and laws.

- If I suffer a "Civil Rights" violation, what is my remedy?

A. - Title 41 U.S. Code, Sec. 1983 allows you to bring an action against any person who violates your Civil Rights

Persons who may be sued for Civil Rights under this Statute include:

• Individuals
• Cities - Under Certain Circumstances
• Counties - Under Certain Circumstances
• Independent School Districts - Under Certain Circumstances
• Municipal Trusts - Under Certain Circumstances

Persons who may not be sued for Civil Rights under this Statute include:

• Individuals not acting under color of law
• The Federal Government
• States and State Agencies have Eleventh Amendment protection from suit!
• Indian Tribes

- Where do I file my lawsuit for Civil Rights violations?

1999 - Glee Genealogy Graphics

A. - The lawsuit may be filed either in the U.S. District Court, or the State Court having appropriate jurisdiction and venue.

State Claims under the Governmental Tort Claims Acts may also be brought in the same action - both in State and Federal Courts.

- You should be aware that Rule 11 of the Federal Rules of Civil Procedure provides for serious sanctions in the event the Court should determine that your action was brought frivolously or without foundation in law or fact! State Statutes also provide for sanctions for suits brought frivolously! In Oklahoma the Statute providing for sanctions is Title 12 O.S., Sec. 2011.

These State and Federal Sanctions apply to any type of action, not just Civil Rights Actions!

- You should also be aware that Civil Rights actions can be very time consuming and expensive.

Your should review our page FAQ - Why are Legal Costs So Expensive?

You may also want to review our FAQ - Schedule of Fees and Services

The Fourth Amendment to Constitution was added as part of the 'Bill of Rights' in order to protect the Citizenry from 'unreasonable searches and seizures'

Prior to gaining Independence from England the colonists faced the daily danger that government forces would make arrests for no reason - and make unannounced entry into private homes without justifiable cause.

Examples of the conditions they faced can be seen in old movies of 'Nazi Germany' - and other dictatorships.

• Unwarranted stopping people on the street to ask for 'papers'.
• Taking people into custody for questioning.
• Going in to private homes on suspicion - or to satisfy curiosity.

It was to insure that the newly created government of the United States of America would be prohibited from continuing these practices that this Amendment was adopted.

The gist of the Fourth Amendment is that government officers may not arrest or detain persons within the jurisdiction, or search their homes or other property, without a warrant first being issued by a neutral magistrate.

There are many court created exceptions, but the burden is upon the government officer to show that such an exception exists.

It's true purpose was, and still is, to protect the citizen and all persons within its jurisdiction from an invasion of privacy and intrusion by government.

Unfortunately the Fourth Amendment, in modern times, has been viewed by the public as a haven for criminals and a refuge for people who have something to hide.

This prevailing view of the Fourth Amendment has largely been brought about by the adoption by the Courts of the exclusionary rule which prohibits evidence that has been obtained in violation of the Fourth Amendment from being used in evidence.

In theory, the adoption of the exclusionary rule 'unreasonably' in violation of the Fourth Amendment while making searches and seizures.

A sort of 'penalty', for acting unlawfully.

Unfortunately this 'penalty' may be viewed as a 'prize' for the criminals.

However, most violations of the guarantees of the Fourth Amendment do not involve criminals or criminal activity - just ordinary people!

Not All Fourth Amendment Violations involve 'intentional' or 'bad' acts of law enforcement officers. Some occur simply because the officers may not be well trained, or at times may not exercise the prudence of a reasonable officer under the circumstances.

Many times citizens who may never have had contact with law enforcement officers may have suffered a deprivation of their Civil Rights without even being aware that their rights have been violated.

They may only feel that what happened wasn't right, and that although no permanent injury resulted, they may suffer fear - embarrassment - humiliation - anxiety - and a continuing misaprehension whenever they see a law enforcement officer.

At the very least, an invasion of privacy occurs!

Generally a Fourth Amendment violation also includes a common law tort, such as false arrest - assault - trespass and a Tort Claim should also be filed with the appropriate political subdivision.

See - FAQ - Governmental Tort Claims

Our Fees for these Services are based on our regular hourly rate.

See - Schedule of Fees & Services