Government officials and employees wield significant authority, often playing a critical role in shaping policies and decisions that affect our daily lives. However, this authority comes with clear boundaries—boundaries set to protect the civil rights of every individual they serve. No government entity or representative has the right to infringe upon these rights.
But what happens if your civil rights are violated by someone in a position of power within the government? What recourse do you have, and how can you hold them accountable?
In this blog, we’ll explore how civil rights violations by government officials occur, providing a deeper understanding of the types of misconduct that can undermine constitutional protections. We’ll cover common examples of civil rights violations, such as unlawful discrimination, abuse of power, and denial of fundamental freedoms. Additionally, we’ll discuss the steps you can take to seek justice, including filing complaints, gathering evidence, and consulting with a skilled civil rights attorney.
By the end, you’ll have a clearer picture of your rights, the limitations of government authority, and the critical role of legal protections in ensuring accountability.
Can The Government Infringe Civil Rights?
Yes, the government can violate your civil rights, but it’s important to understand how this happens and what protections exist. While the government has a duty to uphold and protect civil rights, there are times when officials or agencies abuse their power, infringing upon the rights guaranteed by the Constitution and federal law.
Government agencies and employees, including law enforcement officers, prison staff, and others with authority, can overstep their boundaries in ways that deprive individuals of their rights. These violations are not only harmful but are also illegal under federal law.
How the Government Can Violate Your Civil Rights
The United States Constitution and federal laws are intended to preserve your fundamental rights as an individual. Unfortunately, government people and agencies occasionally cross the line and violate these safeguards. When this occurs, it is critical to understand what constitutes a civil rights violation and how to handle it. Here are some of the most common ways the government can violate your civil rights:
1. Unlawful Detention
Individuals cannot be detained by government authorities, including police personnel, unless there is a good reason. Detention must be backed by reasonable suspicion, which is more than just a hunch. This requires precise facts or evidence to justify temporarily restricting someone’s freedom. For example, being stopped and questioned solely because of your appearance or location, without evidence of wrongdoing, may constitute wrongful detention.
2. Unlawful Arrest
Arrests have even more severe constraints on personal liberty than detention and must meet the tougher threshold of probable cause. Probable cause arises when a reasonable person, based on available information, believes the person being arrested committed a crime. Arresting someone without probable cause is a major infringement of their rights, having long-term ramifications for both their personal and professional lives.
3. Police Misconduct
Police officers are bound by laws and court rulings that define appropriate behavior during their duties. Common examples of police misconduct include:
- Excessive Force: Using unnecessary or extreme physical force during interactions.
- Unlawful Search and Seizure: Conducting a search of your property or person without proper legal justification.
- False Arrest: Detaining someone without probable cause.
These actions violate constitutional protections, such as those outlined in the Fourth and Fourteenth Amendments, and can form the basis of a civil rights lawsuit.
4. Discrimination
The Equal Protection Clause of the Constitution, as well as federal and state legislation, ban discrimination on the basis of race, gender, religion, handicap, national origin, and other protected characteristics. Government authorities, whether in law enforcement, education, housing, or public services, cannot treat people unfairly or refuse them access to resources or opportunities because of these traits.
5. Violations of Public Accommodations Laws
Government rules ensure that everyone has equitable access to public accommodations. This includes hotels, restaurants, banks, and transportation services. Denying someone access to these services because of their race, religion, handicap, or other protected traits constitutes a violation of civil rights laws enacted during the Civil Rights Movement.
Example Of Violated Civil Rights: Denied Housing Due to Discrimination
The Situation: Maria, a single mother, applied for public housing in her community. Despite completing all financial and residency requirements, her application was refused with no explanation. Maria later discovered that her local housing authority had a practice of declining single moms’ applications, which disproportionately affected women of color.
The Housing Authority violated federal anti-discrimination legislation and the Equal Protection Clause when it denied Maria’s application based on her status as a single mother and her color.
Why Civil Rights Violations Matter
When the government exceeds its authority, it undermines the core ideals of democracy and equality. Individuals and communities suffer as a result of these infractions, which include wrongful imprisonment, discrimination, and misbehavior. If your civil rights have been violated, you must seek legal counsel and hold government officials accountable to achieve justice and prevent future abuses.