Civil Rights Law and Civil Rights Lawyers:
Frequently Asked Questions (FAQ)

What Are My Civil Rights?

In general, your civil rights protect you from discrimination based on race, sex, and other characteristics. Your civil rights include the right to:

• Have a fair trial and fair treatment when being arrested and imprisoned
• Be free from discrimination in education and employment
• Vote freely
• Worship as you choose
• Speak freely

What Are Examples of Civil Rights Violations?

Civil rights violations can take many forms, such as:

Police brutality and misconduct – includes police officers abusing their power by using excessive force during arrests, such as tasing or beating a prisoner who is already handcuffed. It also includes improper behavior like fabricating evidence, committing perjury, and performing search and seizure actions without probable cause.

Malicious prosecution – includes using false or misleading evidence in court or as a basis for arrest and knowingly prosecuting an individual based on false evidence.

Prison abuse – includes physical abuse (as in sexual assault, beatings, and overuse of restraints) and/or psychological abuse (as in verbal assault, mental torture, prolonged solitary confinement) of prisoners.

Employment discrimination – includes treating employees or applicants differently based on race, color, religion, national origin, sex, or age. It spans all stages of employment from the hiring phase (as in rejecting applicants because of the race or religion) to the employment phase (as in not promoting an individual because of their religion or sex) to the termination phase (as in firing someone based on their age).

Education discrimination – includes actions or inactions that deprive a protected class of the opportunity to receive education. Examples include denying a person a service, financial aid, or other benefit based on their color. Title IX violations of sexual harassment and assault also fall in this category.

Voting right suppression – includes reducing access to voting, gerrymandering, and suppressing voter turnout.

What Are the Most Common Civil Rights Cases?

Some of the most common civil rights violation cases include:

• Excessive or deadly force instances by law enforcement (police brutality & misconduct)
• Employment discrimination and/or retaliation in violation of Title VII of the Civil Rights Act of 1964
• Wrongful arrest, wrongful incarceration, or wrongful execution of search warrants (police brutality & misconduct, malicious prosecution)
• Malicious prosecution or prosecution without probable cause
• Wrongful conviction and innocence cases (malicious prosecution)
• Education discrimination (Title VI, Title IX) violations
• Prison abuse, neglect, or 8th Amendment violations for persons incarcerated

What Kinds of Civil Rights Cases Do You Take?

The Law Offices of James Scott Farrin is proud to stand up and fight for the rights of individuals whose civil rights have been violated in the following types of cases:

• Police brutality and misconduct
• Prison abuse
• Malicious prosecution
• Employment discrimination
• Education discrimination
• Voting rights suppression
• And other types of cases

Have your rights been violated? Call us today at 1-866-900-7078 for a free and confidential case evaluation.

Who Can I Sue for a Civil Rights Violation?

A civil rights lawyer can help you determine who you may be able to sue for a civil rights violation. This decision will largely be based on the type of violation you may have endured. For example, if you encountered employment discrimination, you may be able to file a lawsuit against your employer, even if that is the government. You may also be able to sue a state or government official under §1983 for violating your Constitutional rights, such as bringing a case against a police officer for fabricating evidence.

If you suffered prison abuse, you may be able to bring a lawsuit against the facility or a specific employee at the prison. If you experienced malicious prosecution, you may be able to bring a lawsuit against the government prosecuting you or even against a private citizen if they filed a frivolous lawsuit against you.

An experienced civil rights attorney can help you identify the appropriate person, entity, or government department to file a possible claim against and guide you through the process.

How Can a Lawyer Help With My Civil Rights Case?

A civil rights lawyer can help protect your civil rights by:

• Providing objective advice
• Conducting research and analysis of your claim
• Investigating law enforcement recordings, reports, policies, and practices for any violations of your Constitutionally-protected rights
• Filing a complaint in State or Federal court if needed
• Preparing and conducting discovery of evidence
• Interviewing any witnesses and building your case
• Reviewing autopsy and medical examiner reports if your claim involves officer-involved injuries or deaths
• Assisting and supporting you through cases involving government or municipal employees
• Negotiating possible resolutions
• Representing you in court if needed

I Think My Civil Rights Have Been Violated. How Much Time Do I Have to File a Claim?

In North Carolina, you generally have three years to file a civil rights claim, but the specific statute of limitations will depend on the type of claim you are bringing. In South Carolina, you generally have three years to file a civil rights claim; however, if you are suing the government, you generally only have two years to file a lawsuit.

If you believe your civil rights have been violated, speak with an experienced attorney as soon as possible. Waiting my seriously harm your case, even if you  meet the applicable deadline.

How Much Does a Civil Rights Attorney Cost?

At the Law Offices of James Scott Farrin, we represent clients in civil rights violation cases on a contingency fee basis.² This means that when we pursue justice for you, there are no upfront costs or hourly fees. It does not matter how many hours we may spend building your case.

In fact, at our firm, we don’t collect an attorney’s fee at all unless we recover compensation for you. No win, no attorney fee: Guaranteed.²

What Are Some Examples of Police Brutality?

Common types of police brutality include:

• Excessive force – unnecessary physical violence, such as beating and tasing
• Police shootings – a shooting that results in a person’s unnecessary injury or death
• Wrongful death – a negligent action or inaction during an arrest that results in death

What Are Some Examples of Police Misconduct?

Police misconduct may take the form of racial discrimination, harassment, and abuse of power, such as:

• Violation of your Miranda Rights
• Wrongful arrest
• Fabrication of evidence
• Committing perjury
• Search or seizure without probable cause

What Is Excessive Force by Police?

During arrests, police officers are expected to use the minimum amount of force necessary. Excessive force by police can occur when an officer uses force beyond what a reasonable officer would use to question or apprehend a person. Examples of excessive force might include beating or tasing an unconscious person or dragging a person in handcuffs.

How Do You Establish Monell Claims and Municipal Liability for Police Misconduct?

You can establish municipal liability for police misconduct via a Monell claim. Monell claims allow individuals to sue a government entity, such as a police department, for civil rights violations committed by its police officers.

Generally, these claims must establish a direct link between the policies of the municipality and the police misconduct. Specifically, Monell claims require the following conditions:

1. Your civil rights were violated.
2. The violation occurred due to the department’s policies, procedures, or culture.
3. The policy or practice directly caused your civil rights to be violated.
4. There was deliberate indifference to a clearly established law.

What Is an Example of a Violation of Miranda Rights?

Miranda rights protect individuals while in custody. Examples of violations of Miranda rights can include:

• Refusing to allow you to contact an attorney while in custody
• Coercing you into making a self-incriminating statement during an interrogation
• Interrogating you without reading you your Miranda rights
• Failing to tell you that you can have an attorney during interrogation

What Is Wrongful or Unlawful Arrest?

Wrongful or unlawful arrest, a form of police misconduct, is when an officer arrests you for what they know is an unlawful reason. In a wrongful or unlawful arrest, the arresting officer has no reason to suspect that you have committed a crime or arrests you knowing that you have not committed a crime. This differs from a false arrest, in which the arresting officer is wrong but does not have an unlawful intention and is not acting in bad faith.

The Fourth Amendment considers an arrest to be a seizure and prohibits wrongful and unlawful arrest: “The right of the people to be secure in their persons, houses, papers, and effects, against searches and seizures, shall not be violated, and no Warrants shall issue, but upon probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

How Can a Civil Rights Lawyer Help if I Have Suffered From Police Brutality or Misconduct?

If you have suffered from police brutality or misconduct, a civil rights lawyer can assist you by:

• Giving you objective advice
• Researching and analyzing your claim
• Investigating law enforcement recordings, reports, policies, and practices
• Filing a complaint on your behalf in state or federal court if needed
• Gathering evidence for your claim
• Reviewing medical examiner reports
• Negotiating possible resolutions and pursuing maximum compensation for you
• Representing you in court if needed

What Compensation Can I Seek if I’ve Suffered Police Brutality or Misconduct?

There are two broad categories of compensation you can seek if you’ve suffered police brutality or misconduct.

• Compensatory damages for the harms you may have suffered, such as:
  • medical expenses
  • lost pay
  • pain and suffering
  • damaged property
  • loss of enjoyment of life and loss of society and companionship

• Punitive damages, which are intended to punish and deter similar actions by police in the future

What Are Examples of Malicious Prosecution?

Malicious prosecution can vary greatly based on who may be initiating the lawsuit with malice and without probable cause. Each of the following situations are examples of possible malicious prosecution:

• A police officer fabricates “probable cause” to arrest you.
• A former client sues you and your business for fraud when no fraud occurred.

How Do I Prove Malicious Prosecution?

To prove malicious prosecution, you and your attorney should prove that the following four factors occurred:

1. Case Initiation and Defendant Involvement – the person you are accusing must have been involved in the case or the initiation of prosecution of the case against you
2. Favorable Case Outcome – your case must have been decided in your favor; i.e. you were found to be not guilty (in a criminal case) or not liable (in a civil case)
3. Lack of Probable Case – the initiation of your prosecution proceeded without probable cause, as with false accusations or false evidence or omissions of exculpatory evidence
4. Malice – the prosecution must have acted with malice or malicious intent

To determine whether you have a malicious prosecution case, these four factors must be considered in detail. For a free professional opinion on your case, contact us today at 1-866-900-7078.

What Is an Example of False Evidence?

False evidence is untrue or misleading evidence that the police or prosecution knows is false but purposely use to influence the outcome of a court case. Examples of false evidence can include:

• False testimony (lies) in oral and written statements
• Fabricated information, data, records, reports, or receipts
• Forgeries
• Planted physical evidence
• Altered photographs, documents, videos, and social media content
• Fake alibis

How Do I Know if I’ve Suffered Cruel and Unusual Punishment?

If a prison guard’s treatment (or lack of treatment) of you was arbitrary, unnecessary, or overly harsh, you may have suffered cruel and unusual punishment.

Examples of cruel and unusual punishment can vary widely – from being handcuffed too tightly, tasered at a routine traffic stop, or given a harsher sentencing than appropriate for the crime to lengthy and unwarranted stints in solitary confinement.

What if You Discover a Wrongful Act After a Criminal Conviction? What Is Post-Conviction Relief?

Post-conviction relief is the process by which you can bring more evidence or raise additional issues post-trial (after a judgment has been made) in a criminal case. If you were the victim of malicious prosecution leading to a wrongful conviction, your battle for justice may continue through post-conviction relief.

How Can a Civil Rights Lawyer Help if I Have Suffered from Malicious Prosecution?

A civil rights lawyer can help you pursue maximum compensation for the harms you may have suffered from malicious prosecution by:

• Providing objective advice and support
• Conducting research and analyzing your claim
• Investigating law enforcement recordings, reports, policies, and practices
• Filing a complaint on your behalf as needed
• Gathering evidence and building your case
• Seeking negotiated resolutions
• Representing you in court if needed

Regardless of whether you suffered malicious prosecution in a civil or criminal court, a civil rights attorney can help you pursue justice.

What Compensation Can I Seek for Malicious Prosecution?

If you have endured malicious prosecution for a civil or criminal charge, there are many types of possible compensation, such as damages for:

• Humiliation and loss of reputation or standing
• Mental suffering and discomfort
• Injury to mental or physical health
• Loss of time
• Loss of time in relationships or with family

In addition, you can seek punitive damages, which are designed to punish a defendant for grossly negligent behavior or intentional misconduct.

What Are Common Ways Inmates Are Abused in Prison?

Prisoners may suffer the following common types of abuse in North and South Carolina:

• Physical prison abuse, including sexual assault, overuse of restraints, electrical shocks and tasering, and beatings. Prison abuse may also come in the form of neglect, such as the withholding of needed items for one’s physical well-being, including food and medical care
• Psychological prison abuse, including mental torture, verbal abuse (including racial or religious discrimination), prolonged sleep and sensory deprivation, and extreme solitary confinement
• Facility inadequacies, such as extreme temperatures, rodent and bug infestations, plumbing problems, and excessive overcrowding

What if I Am Denied Adequate Healthcare While in Prison?

If you are denied adequate healthcare while in prison, your civil rights may have been violated. The 8^th Amendment to the Constitution states that prisoners should be protected from “cruel and unusual punishment,” and denial of adequate medical care can be considered “cruel and unusual” if you can prove that:

• You were in serious medical need
• The prison, or its employees, was deliberately indifferent to that need

Consult with a civil rights lawyer to see if you can seek compensation for the harms you may have suffered due to the denial of healthcare while you were incarcerated.

Does Solitary Confinement Unfairly Target People of Color and Mentally Ill Inmates?

Unfortunately, there are studies and court rulings that show that the practice of solitary confinement may unfairly target people of color and mentally ill inmates in North and South Carolina, respectively.

How Can a Civil Rights Lawyer Help if I Have Suffered Prison Abuse?

If you were abused while in prison, a civil rights attorney can help you by:

• Listening to your story, answering your questions, and providing objective advice
• Checking medical examiner reports for evidence of prisoner mistreatment
• Investigating prison policies and practices to see if they violated your Constitutionally-protected rights
• Examining disciplinary records of prison guards and employees
• Researching municipality laws and regulations for possible Monell claims TipMonell claims can be pursued if a government entity, such as a police department, plays a role in violating your rights due to their policies, practices, or culture. A Monell claim can hold the government accountable for the civil rights violations committed by its agents.
• Filing a complaint in State or Federal court if needed
• Negotiating potential resolutions
• Representing you in court if needed

Can I Seek Compensation for Harms Suffered in Prison?

Yes, you can seek compensation for prison abuse you may have suffered. Incarcerated people are protected by the 8th Amendment, which prohibits cruel and unusual punishment, and the 14th Amendment, which prohibits unequal treatment based on race, sex, or creed. Speak with a civil rights attorney about filing a civil rights prison abuse claim to seek compensation for the harm you may have suffered in prison.

What Are the Types of Discrimination in Education That Occur?

There are several types of discrimination occurring within the education system in North and South Carolina. You may have suffered education discrimination if you:

• Were treated worse based on your race, gender, national origin, or disability or because of a connection you had to someone who has those traits
• Suffered worse treatment than others due to an unfair application of rules or failure to apply and enforce rules
• Dealt with frightening, degrading, humiliating, or other harmful behavior because of your race, gender, national origin, or disability

What Is an Example of Racial Discrimination in Schools?

Examples of racial discrimination in school, which is prohibited by Title VI of the Civil Rights Act of 1964, may include:

• Denial of any service, financial aid, or other benefit due to your race
• Provision of any service, financial aid, or other benefit that is different or provided in a different manner from that provided to others
• Segregation or separate treatment of an individual in matters relating to any service, financial aid, or benefit
• Restriction of an individual’s enjoyment of advantages or privileges enjoyed by others receiving the service, financial aid, or benefit
• Treatment that differs from others when determining admission, enrollment, or other requirements or conditions to qualify for a service, financial aid, or benefit
• Denial of or failure to offer an individual the opportunity to participate if others can participate

What Is an Example of Sex Discrimination in Schools?

Sex discrimination in schools violates Title IX of the Civil Rights Act, and examples include:

• Sexual harassment
• Rape
• Sexual assault
• Unequal access to athletic programs and scholarships

What Are Common Ways Students With Disabilities Are Discriminated Against?

Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act prohibit discrimination and unfair treatment of students with dis/abilities. Unfortunately, students with dis/abilities still often suffer inequal treatment at school, such as:

• Bullying about their disability
• Inaccessible facilities
• Unequal or denied access to extracurricular activities, such as field trips, sports events, and assemblies
• Harassment for using accommodations in class
• Denial of auxiliary aids and services
• Denial of an Individualized Education Plan (IEP)
• Denial of appropriate academic adjustments (at the college level)

How Can an Education Discrimination Lawyer Help With My Case?

If you think you or your child have suffered from unfair treatment at school in North or South Carolina, an education discrimination lawyer can assist you by:

• Providing objective advice and answering your questions
• Conducting research and analysis of your claim
• Investigating school records, reports, policies, and practices for violations of Title VI, Title IX, Section 504, and the IEDP
• Filing a complaint in State or Federal court if needed
• Preparing and conducting discovery for evidence
• Negotiating possible resolutions
• Representing you in court if needed

Can I Seek Compensation if I’ve Been Discriminated Against at School?

Yes, you can seek compensation for education discrimination by filing an education discrimination lawsuit. Such cases can result in monetary compensation for harms suffered as well as changes to the school’s practices, if they are deemed to be in violation of students’ civil rights.

What Are Violations of the First Amendment?

Violations of the First Amendment may include the following actions by the government:

• Censorship of what you say or write
• Forced participation in a government-established religion or customs
• Restriction of the press in receiving and communicating information
• Prohibiting individuals and groups from peacefully assembling
• Denial of access to the courts and the right to speak out against governmental injustices

How Do You Prove Violations of First Amendment Rights?

You must be able to prove that the government acted in such a way that one of your five First Amendment rights (freedom of speech, freedom of religion, freedom of the press, the right to gather peacefully, and the right to petition the government) was illegally restricted. This will likely involve researching police and government agency policies and procedures for practices that may violate Constitutionally-protected rights. Some First Amendment cases also involve complex issues on accommodations and private business decisions.

Can You Sue Someone for Violating Your First Amendment Rights?

In general, the First Amendment applies to governmental action, not actions by private citizens, so most First Amendment violation lawsuits are against the government, not an individual. In extreme cases, if you are able to prove that a person acted in conspiracy with the government to violate your First Amendment rights, you may be able to sue the individual. Examples of First Amendment violations include libel, slander, defamation, and the prohibition of protest.

What Are the Common Ways Employees Are Discriminated Against at Work?

Employment discrimination can take many forms, but the common denominator is if your employer, or other employees, is treating you unfairly because of your race, color, sexual orientation [SOGI], gender, gender identity, national origin, age, or disability. Some common ways you may experience discrimination at work include:

• Being disregarded for a job, raise, or promotion because of your race
• Being given a lower salary than another employee who performs the same tasks because of your sex, sexual orientation, or gender identity
• Being harassed about your age
• Being denied reasonable accommodations for your disability
• Being subjected to inappropriate sexual advances
• Being passed over for a promotion because you went on maternity leave
• Being excluded from certain meetings or opportunities because of your religion or race

When Can Discrimination Occur in the Workplace?

Generally, there is an imbalance of power between employees and management, and this can lead to employment discrimination at all the phases of employment, such as during:

• Recruitment
• Hiring
• Termination
• Job evaluation
• Promotion
• Training
• Compensation
• Disciplinary action
• Or other adverse employment actions

If you are working in a hostile work environment and have been treated unfairly because of your race, color, religion, sexual orientation, gender identity, national origin, age, or disability, talk to a civil rights attorney today to discuss your options.

What Are Some Examples of Age Discrimination at Work?

People 40 years and older are protected from age discrimination at work by the federal Age Discrimination in Employment Act (ADEA). Some common examples of age discrimination can include:

• Being overlooked for projects that you are fully qualified for because of your age
• Being forced to retire or pressured to take a buyout
• Being verbally harassed about your age
• Being denied training that is offered to younger employees
• Being turned down for a promotion that you deserve because you are not expected to work that much longer

How Do I Know if I May Have Been Discriminated Against at Work Because of Gender?

If you are doing the same work as another person of the opposite sex at your workplace but you are receiving less pay, you may have a gender-based work discrimination claim. The federal Equal Pay Act (EPA) requires that men and women working at the same place should receive equal pay and benefits if they are performing the same tasks.

The Equal Employment Opportunity Commission (EEOC) forbids sexual orientation and gender identity discrimination when it comes to any aspect of employment. If you are fired because of your sexual orientation or transgender status, this may violate your civil rights, too.

What Is an Example of Being Discriminated Against at Work Because of a Disability?

Examples of disability-based discrimination at work can be as obvious as an employer refusing to hire a person because of a disability or firing an employee because of a disability. However, it can also exist in more subtle actions, such as an employer:

• Asking for medical information or requiring an applicant to take a medical exam during the job application process
• Not providing reasonable accommodations to employees with disabilities that allow them to perform their duties
• Maintaining a workplace with physical barriers that inhibit movement for people with physical disabilities

Fortunately, the American with Disabilities Act (ADA) helps protect people with disabilities from discrimination at work.

What Should I Do if I Have Been Discriminated Against at Work Because of Pregnancy?

If you believe your employer is treating you unfairly at work because of your pregnancy, you can file a civil rights discrimination claim. No one should have to choose between a job and a pregnancy, and the federal Pregnancy Discrimination Act (PDA) protects the rights of pregnant women at work.

The Pregnant Workers Fairness Act (PWFA,) which requires employers to provide a “reasonable accommodation” to pregnant workers, was enacted into law on June 27, 2023, and the final regulation will go into effect on June 18, 2024. Consult with a civil rights lawyer about creating a plan to fight back if you feel you are being treated unfairly at work because of your pregnancy.

How Can an Employment Discrimination Lawyer Help With My Case?

An employment discrimination lawyer can help you with your workplace discrimination case by:

• Explaining your rights and how the law protects you
• Seeking proof of discriminatory behavior to try to build your case
• Reviewing your employment contract
• Advising you on possible legal action
• Keeping track of critical deadlines
• Filing an employment discrimination claim on your behalf if needed
• Representing you in a civil lawsuit against your employer if needed

Can I Seek Compensation if I’ve Been Discriminated Against at Work?

Yes, you can seek compensation if you have suffered workplace discrimination in North or South Carolina. A civil rights attorney can help you fight for your rights as an employee.

What Are the Main Ways Voters’ Rights Are Violated?

Three major ways voters’ rights may be violated are:

• Voter suppression – attempts to invalidate legal voters, such as prohibitively strict Voter ID laws, improper mass purges of voter rolls, and cuts to early voting times
• Unconstitutional gerrymandering – redrawing voting district boundaries to include or exclude a bloc or class of voters
• Barriers to voting – efforts aimed at discouraging voting, such as not allowing same-day voting registration on election day, changing polling locations to make travel hard, and making it illegal to provide water to voters

What Is Voter Suppression?

Voter suppression includes tactics that attempt to invalidate (suppress) legal voters, such as prohibitively strict Voter ID laws, improper mass purges of voter rolls, and cuts to early voting times. Efforts such as these attempt to keep eligible voters from the polls, and they usually disproportionately impact racial minorities, poor people, and young and old voters.

If you live in North or South Carolina and have encountered any of these types of tactics, call a civil rights attorney today to discuss your options.

What Is Gerrymandering?

Gerrymandering is the redrawing of voter district boundaries to include or exclude a bloc of voters. Gerrymandering in itself is not illegal but can be unconstitutional if based on grounds such as race. Unconstitutional gerrymandering is generally performed by a political party to ensure that it obtains or sustains a political majority, and it places political goals over civil rights.

Unconstitutional gerrymandering generally takes place in one of the following ways:

• Cracking – splitting groups of people with similar characteristics across multiple districts (to water down their voting strength)
• Packing – adding similar voters to as few districts as possible (to limit their impact elsewhere)

For more information, here is a glossary of key terms associated with gerrymandering.

What Are Common Barriers to Voting?

Common barriers to voting may include:

• not allowing same-day voting registration on election day
• not providing language assistance or translations of voting materials
• changing polling locations to make travel difficult
• consolidating and closing polling places
• not providing ample parking at polling locations
• making it illegal to provide water to voters waiting in line to vote
• harassing voters outside of polling stations

These and other activities make it harder for certain segments of the population to vote and may be civil rights violations.

How Can a Voting Rights Lawyer Help With My Case in North or South Carolina?

A voting rights lawyer can help you with your voting rights case by:

• Listening to your story and explaining how the law protects voters
• Advising you on possible legal action
• Interrogating others to try to build your case
• Seeking photographs and evidence of voter suppression, unconstitutional gerrymandering, and barriers to voting
• Keeping track of critical deadlines and paperwork
• Filing a voting rights violation claim on your behalf if needed

Can I Seek Compensation if I’ve Had My Voting Rights Violated?

Generally, voting rights violations do not result in compensation, but a favorable decision in your case may lead to an injunction and positive changes in voting laws and practices. Our civil rights team can help people in North and South Carolina make a plan on how to fight to try to protect your (and everyone’s) voting rights.

For clarity on your case at no cost or obligation, contact us any time at 1-866-900-7078.