Legal FAQs - Can I sue a private party for violating my civil rights?
- What are the types of civil rights cases that the Rockefeller Law Center handles?
- What is a “civil rights” case?
- What are the main issues which come up in civil rights cases?
Can I sue a private party for violating my civil rights?
Written by Rockefeller Law CenterYes. This issue really does not come up under State law, since there are state laws permitting the suing of a private individual (or entity) for various types of injuries, but it is an issue that is more and more prominently featured in Federal lawsuits under 42 U.S.C. § 1983. This issue really does not come up under State law, since there are state laws permitting the suing of a private individual (or entity) for various types of injuries, but it is an issue that is more and more prominently featured in Federal lawsuits under 42 U.S.C. § 1983.
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What are the types of civil rights cases that the Rockefeller Law Center handles?
Written by Rockefeller Law CenterThe Rockefeller Law Center is a full-service litigation law firm, having assisted numerous satisfied clients with employment discrimination, wrongful death, police brutality, and prisoner’s rights cases in State and Federal courts throughout the Southeastern United States.
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What is a “civil rights” case?
Written by Rockefeller Law CenterAt its most fundamental level, a civil rights case refers to the Federal Government’s violation of a person’s rights guaranteed by the "Civil Rights Act of 1871" (passed in 1871) to guarantee, by statute, all "persons" equal rights under the law. This law is sometimes called the "Ku Klux Klan Act," as it was designed to provide a basis for private individuals to have private causes of action against governmental entities and/or actors operating under "color of law of State law" for violations of a person’s civil rights in state or federal court. It was a companion to the 13th, 14th, and 15th Amendments, to the Constitution. They were passed, as a group, as a part of our national reconciliation and end to slavery, following the Civil War, guarantees all citizens rights of equal protection and due process, and guarantees the right to vote. Hence, the original intent was to provide a vehicle to attack slavery, racial discrimination, and fundamental rights, like the right to vote.
However, the concept of a "civil rights" case has expanded and exploded in both practice and common vernacular. For instance, today, we often think of workplace discrimination as a "civil rights" issue, where it, technically, may (or may not) fall within the ambit of the Civil Rights Act. Indeed, governmental workplace discrimination based on race may be both a "civil rights" violation and a violation of our modern employment discrimination laws. Thus, if someone says their civil rights have been violated, that assertion may be broader than a pure "Civil Rights Act" cause of action.
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What are the main issues which come up in civil rights cases?
Written by Rockefeller Law CenterAs with other sorts of civil litigation, there are two (2) parts to a civil rights lawsuit. First, liability must be determined. This answers the question whether or not the defendant engaged in any wrongful conduct. Second, damages must be assessed. This determines how much money should be paid to the plaintiff because of a defendant’s wrongful conduct. (You may want to review the FAQs on "personal injury cases" which does an excellent job of explaining these general issues and can answer your general questions.)
However, one of the differences in civil rights cases is that it more common to be concerned with curbing future behavior. Thus, if the entity is being sued, it is likely that one of the goals of a civil rights plaintiff is to have a "consent" decree agreed to and/or to seek an "injunction" against the complained of activities.
What is unique to a civil rights case are "immunity" issues, since you are generally suing the government or government employees in the context of a claim of civil rights cases. Also, depending on the facts, you may have distinct immunity issues applicable to federal causes of action, as opposed to state lawsuits. Thus, civil rights litigation is extremely complicated.
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