|
Litigation Attorneys * Lawyers * Criminal & Civil Law Firms |
|
Home | Tax | Criminal | Civil | Mesothelioma | Real Estate | Family Law | Legal Humor | Site-Map | False Arrest | Glossary| Links | Contact us | Bail Bonds | Web |
False Arrest Lawyers
Are you the victim of false arrest, police brutality, illegal search of your person? You maybe entitled to compensation and collect for damages.
CIVIL RIGHTS VIOLATIONS
What are "Civil Rights" ?
A. - These are the rights and privileges granted to every person, both citizens
and aliens in this country, by the Constitution of the United States!
The United States Constitution limits the powers of the government over its
citizens and protects the citizens from governmental intrusion.
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 jurisdiction thereof 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
The Oklahoma Governmental Tort Claims Act does provide for indemnification for
employees for Civil Rights Violations committed while acting in the scope of
their employment.
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?
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.
Fourth Amendment Violations
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.
If you feel that you have been the victim of a false
imprisonment or false arrest you may wish to contact an attorney.
Time is of the essence in many of these cases. In some instances, claims may be
barred if they are not brought within a short time after the date of the
occurrence. For more information, talk with an attorney.
False Arrest Litigation Attorneys, Lawyers & Law Firms
Law Offices of Evans Prieston New York, NY (212) 599-2800
Law Offices of JOHN MITCHELL New York, NY (212) 696-9500
Law Offices of Joel Defabio Coral Gables, Fl. Tel. (305) 448-7200
Law Offices of Reemberto Diaz Miami, Fl. (305) 446-0001
|Home|Tax| Criminal| Civil| Mesothelioma| Real Estate |Family Law|Legal Humor| Site Map| Glossary| Links| Contact us|Bail Bond|