Civil Rights

Civil rights claims under 42 U.S.C. § 1983 allow individuals to sue state or local government officials or entities for violations of federal constitutional or statutory rights. In Tennessee, these cases are typically filed in federal district courts (Middle, Western, or Eastern Districts) and may incorporate state claims under the Tennessee Human Rights Act (T.C.A. § 4-21-101 et seq.). To succeed, plaintiffs must show the violation was committed by a person acting under color of state law and caused harm. Common defenses include qualified immunity, which protects officials unless they violated clearly established rights. Remedies can include compensatory damages, punitive damages, attorney fees, and injunctive relief.

Common Types of Civil Rights Claims

Excessive Use of Force: Unreasonable physical force by law enforcement during arrests, stops, or crowd control, violating the Fourth Amendment.

Unlawful Arrests or False Imprisonment: Detentions lacking probable cause or reasonable suspicion, often involving fabricated evidence.

Malicious Prosecution: Initiation or continuation of criminal charges without probable cause, leading to wrongful proceedings.

Discrimination in Public Services: Denials of access to benefits, programs, or facilities based on race, gender, religion, disability, or national origin, under the Fourteenth Amendment.

Housing or Employment Discrimination: Actions by public authorities or employers, such as refusing disability accommodations or segregating based on protected characteristics.

Free Speech Violations: Retaliation or suppression by officials, including censorship of protests or punishment for political expression in public institutions.

Religious Freedom Infringements: Burdens on religious practices, such as denying permits or imposing conflicting requirements.

Unlawful Searches and Seizures: Warrantless entries or property takings without due process, under the Fourth Amendment.

Due Process Violations: Lack of fair notice or hearings in government actions, such as family separations or property condemnations.

Voting Rights Abuses: Tactics suppressing access, like poll closures in minority areas or voter intimidation.

Prisoner Rights Issues: Inhumane conditions, denial of medical care, or excessive force in detention facilities, under the Eighth Amendment.

Retaliation Against Activists: Targeting for exercising rights, such as suing whistleblowers or harassing organizers.

Immediate Steps After a Violation

1. Ensure Safety and Seek Care: Prioritize medical attention for any injuries and document treatment records, as physical or psychological harm supports damages.

2. Report the Incident: File complaints with internal affairs, oversight boards (e.g., Tennessee Bureau of Investigation), or federal agencies like the Department of Justice, while preserving your right to sue.

3. Gather Evidence: Collect body camera footage, witness statements, medical reports, and correspondence. Avoid discussing details with officials without counsel.

4. Consult an Attorney Promptly: Time limits vary (typically two years for § 1983 claims in Tennessee under T.C.A. § 28-3-104), so act quickly to preserve claims.
    

Building and Pursuing a Claim

At The Evans Law Firm, our civil rights attorneys assist in federal and state proceedings by focusing on evidence and legal strategy:

• Establish Liability: Demonstrate the "under color of law" element and specific constitutional violation, using discovery to obtain records like incident reports or emails.

• Overcome Defenses: Challenge qualified immunity by citing analogous case law (e.g., from the Sixth Circuit) showing the right was clearly established.

• Quantify Damages: Compile economic losses (e.g., lost wages, medical costs) and non-economic harms (e.g., emotional distress), supported by expert testimony.

• Pursue Remedies: Seek monetary awards, policy reforms via injunctions, and attorney fees under 42 U.S.C. § 1988. Many cases resolve through settlement or mediation.

• Coordinate with State Claims: Integrate Tennessee Human Rights Act violations for broader recovery, including administrative proceedings before the Tennessee Human Rights Commission.
   

If you believe your civil rights have been violated, contact The Evans Law Firm for a free case evaluation.