Civil rights are fundamental to preserving the freedoms we all rely on in our daily lives, and protecting these rights is essential. When someone’s civil rights are violated, a civil rights lawyer steps in to advocate for justice. If you’ve been a victim of a civil rights violation, you may be wondering, how to file a civil rights lawsuit? This is a common question for those facing discrimination, wrongful treatment, or unlawful actions. The best first step is to contact an experienced civil rights attorney who can guide you through the process and ensure your case is handled with care and precision.
What Constitutes A Civil Rights Lawsuit?
Civil rights lawsuits are an effective means to protect people whose rights have been violated. Whether it is racial discrimination, police misbehavior, or unjust treatment in education or housing, these cases allow citizens to seek justice and defend their constitutional or federal rights. Civil rights lawsuits provide victims with an avenue to restitution while also helping to restore the fundamental freedoms that our society values.
Now, it’s important to determine if what happened to you constitutes a civil rights violation. While your rights may have been violated, that doesn’t necessarily mean it was a violation of your civil rights. Civil rights claims specifically involve the infringement of protected rights, which are granted to individuals in protected classes. These rights safeguard people from discrimination based on race, gender, disability, religion, and other protected categories. To move forward with a civil rights lawsuit, it’s crucial to establish that a legally protected right was violated.
For example, if you are refused a job promotion purely because of your color, your protected right against racial discrimination has been violated, and this is a civil rights issue. However, if you are refused the same promotion because you lack the necessary skills or experience, regardless of race, this is not a civil rights violation. Employment decisions based on performance or qualifications are often not subject to civil rights safeguards.
In general, civil rights protect people against discrimination based on their color, age, disability, national origin, gender identity, or sexual orientation. Now, let’s say you’ve had your civil rights violated. You may be asking how to file a civil rights lawsuit. How should you proceed?
How To File a Civil Rights Lawsuit
If you believe your civil rights have been violated, you have several options to seek justice:
- Informal Negotiations
In many cases, disputes can be resolved without going to court. For example, in an employment discrimination case, the issue may be settled through negotiations. The employer might agree to pay compensation, and in return, the employee would agree not to pursue legal action. These types of agreements can save time and avoid the stress of a lengthy legal battle.
- Filing a Claim with the Government
Another alternative is to file a complaint with a government agency. Federal or state agencies, such as the Equal Employment Opportunity Commission (EEOC) or the Office for Civil Rights (OCR), can investigate your complaint and take action to protect your civil rights. This process often begins with the filing of a complaint, which initiates an investigation. Depending on the circumstances, the government may intervene to take action on your behalf. It is crucial to understand that in some civil rights issues, you must first register a claim with the relevant body before bringing a lawsuit.
- Filing a Private Lawsuit
If you have been the victim of a civil rights violation, you can sue the perpetrators. The first stage in bringing a civil rights complaint is determining whether to file in state or federal court, based on the circumstances of your case. The litigation begins with a formal complaint that details the facts and allegations against the defendant. This legal action tries to hold the defendant accountable for violating your rights and causing injury. In some circumstances, filing with a government agency is a required first step before launching a lawsuit.
Kirakosian Law holds government bodies accountable when there is clear evidence of wrongdoing by civic leaders or police officers. We are not scared to bring these issues to federal court if necessary. Police misbehavior and excessive force are serious and growing issues in our society. Our firm is committed to investigating cases involving wrongdoing, such as false arrests, unjustifiable shootings, and other abuses of authority.
If a satisfactory resolution cannot be found through mediation, we are fully prepared to take civil rights disputes to trial. At Kirakosian Law, we understand the nuances of civil rights matters and are here to assist you in navigating the process, no matter how major or minor the case appears.
