Civil Rights Legal Questions

For legal action to be taken, courts typically require clear evidence of a direct connection—such as harassment, threats, or other behaviors that could be interpreted as instigation. Simply being mentioned in a suicide note does not automatically establish liability. If the woman had no communication or involvement with the deceased, it would be difficult to justify her arrest or prosecution under most legal frameworks.... Read More

The burden to prove negligence in prison assault cases is to establish that the prison staff was on actual or constructive notice that your son was at risk of being attacked but they were deliberately indifferent in taking measures to stop said attack. If your son can establish these facts he has a viable case against the correctional facility. ... Read More

You need an experienced attorney who practices in the area of civil rights.  You can search for such an attorney using the "Find a Lawyer" tab and then by entering "civil rights" in the practice area search box.  As this will likely be a federal court case, you can search outside of your city and county in any place that is still within the same federal district (Illinois has three).This type of case can be extremely time-consuming and costly, the likelihood of success is generally low, and the amount of damages can be limited.  So be prepared to pay an hourly fee and to deposit a reasonable initial retainer ($25,000-30,000) with a competent attorney.Although there is no legal requirement that you have an attorney, this sort of case is kind of like rebuilding a motor vehicle transmission.  You legally CAN do it yourself but not very many people have the knowledge, skill, training, and experience to do it themselves, including most attorneys who do not practice in that area of law.  If you truly have a 100% guaranteed winning case, invest the $100,000+ in a good, competent, experienced lawyer who practices in that area of law.... Read More

You may have a case against the store, depending on exactly what happened after you were stopped for shoplifting. Assuming you were falsely accused, if you were detained in a room and not allowed to leave for an extended amount of time, you could have a claim for false arrest against the store, even if the police were not called. If there is video surveillance tape available, you should request it immediately. ... Read More

Police brutality is not covered by the area of practice "legal ethics and professional responsibility."  It more commonly falls within the area of pratice of "civil rights."Attorneys who practice in the area of civil rights (and I am not one) commonly practice on a statewide basis.  Dallas civil rights attorney, and former attorney general candidate, Lee Merritt practices on a statewide, and even nationwide, basis as most civil rights cases end up in federal court.  He is not only an experienced attorney who devotes a substantial part of his practice to this area of law, he is also a staunch advocate and "true believer."  Though there are others as well.I strongly recommend you contact his office to discuss your situation.  If you have a valid claim that potentially could result in a recovery of substantial damages, he will tell you that.  If he does not think you have a valid claim that is worth pursuing, then you probably don't.... Read More

In addition to pursuing criminal charges, you may be able to sue the restaurant for your damages if the restaurant management had actual or constructive notice of how dangerous these people were , but didn't take any measures to bar them from their business establishment. Consult with an attorney here in Florida for more specific advice. ... Read More

New York's SLAPP Act will almost certainly control this claim. You have to prove the statements are objectively false (as opposed to opinion) and maliciously made to injure you. If you can't, you may end up paying the defendant's attorneys' fees but more likely, you won't be able to find an attorney to take the case. ... Read More

With Gomez v. Braid pending, you are going to have a very difficult time finding an attorney willing to accept such a case.  If the statute of limitations has not expired, I suggest you wait until the opinion of the court of appeals issues.While you have a better shot at establishing standing than the plaintiff did in that case, I strongly suggest you find a pro-life organization well-versed in litigation in the area of abortion rights to pitch your case to.  The standing issue alone is very complicated.  Of course, if you have the financial resources to fund litigation of this nature (which has the real potential to reach the US Supreme Court), you should line up all your trial and appellate lawyers now to insure that the very best arguments in your favor are preserved in the trial court for appellate review. You also have a secondary criminal issue as to whether the sheriff or your girlfriend consented to the conversation you captured on your security camera if you personally were not a participant in that conversation.... Read More

Hi Irene...I am sorry to hear what happened to you.  I would need to know more about the background to be able to answer your question.  Feel free to reach out to me at kkerner@kernerlaw.com or 212-964-1098 if you would like to discuss further.   Thank you.   Ken Kerner   ... Read More

You became an adult when you turned 18 years old. However, because you live in your parent's home, you are subject to their rules. That's not the law. It's just the truth because they pay the bills and they're your parents. You should google to find organizations that help gay teens. Way too many young people end up homeless because they leave home too soon. Do your best to work through the issues with your parents until you're able to take care of yourself.... Read More

Hi Kelly, I received your phone message but I couldn't make out the number that you identified. Please call my cell phone 407-616-6502 when you get this message. Thanks. Looking forward to hearing from you!    Hi Kelly. You may have a good civil rights case against the probation officer and his employer. It is impermissible for counsel to reach out and solicit your case, but you can research our backgrounds and call one of us about possible representation.      Stephen Black, Esq. (407) 581-2581.           ... Read More

No. If you tried to leave the store with an unpaid item in your hand you are subject being stopped and detained under the shopkeppers laws, where retailers have immunity from such complaints. As to the "stole your keys" thats a law enforcement issue and you can address that with them if there is evidence of such. ... Read More

An officer must have reasonable suspicion to stop an individual and is permitted to engage in roadside questioning to confirm or dispel their suspicions. However, the Fourth Amendment requires that a search must be supported by probable cause that a crime has been committed. A person can consent to a search, but that consent must be freely given and not in acquiescence to a display of authority. Walking up to a car door and engaging motorist probably does not offend the Fourth Amendment. Pulling them out of the vehicle without probable cause is an entirely different story and also undermines any claim an office might later make that an encounter was consensual. To support a civil action under 42 USC Section 1983, a plaintiff needs to show that they were deprived of their civil rights by a government employee acting under the color of state law. A Fourth Amendment violation can certainly support such a claim. However, the more difficult issue is that the plaintiff will need to establish damages. What financial, psychological, physical, reputational harm did the plaintiff suffer as a result of the officer's actions?... Read More