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  • What are the Potential Areas for Civil Rights Claims?

What are the Potential Areas for Civil Rights Claims?

Madison Genthry July 25, 2024 3 min read
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Ongoing Protest
Ongoing Protest

Civil rights are the fundamental rights afforded by everyone by law regardless of race, color, sex, and age. The federal and state governments had made specific laws to protect their people. Sadly, citizens still suffer abuse with excessive force by the same law enforcement agencies that have been tasked to protect them. There have been many cases of police misconduct, false arrest, brutality, racial profiling, and excessive use of force. When you find yourself in this situation, it is necessary to understand how you can file a civil rights claim. Let’s delve right into the potential areas for civil rights claims.

Wrongful Arrest

People get arrested wrongfully every day without legal grounds. There must be a legal justification before any police can arrest you. The Fourth Amendment validates this claim, protecting individuals from unreasonable stop and arrest. Whenever a police officer arrests someone without a valid legal justification, this gives rise to a civil rights claim for wrongful arrest.

This also includes situations where you were held against your will for a short time without probable cause. You can file for a civil rights claim if you were unlawfully detained without any legal justification. You can seek a California civil rights lawyer’s legal guidance to get the desired justice and right compensation.

Use of Force and Dispersal

Law enforcement personnel make use of excessive force during protests where people are being beaten, choked, and thrown to the ground. This is common during protests and an extreme violation of your rights. These personnel use specific dispersal tactics during protests or demonstrations. The First Amendment protects the right of individuals to assemble and engage in free speech peacefully, and any law enforcement actions that wrongly restrict or disperse these lawful assemblies may give rise to civil rights claims.

Any abuse or violent action, including unnecessary physical restraints, blunt force strikes with batons, or shootings, are potential areas for civil rights claims. Any police officers using force to disperse people must be held legally responsible for their actions.

Injuries

In addition to wrongful arrest, people suffer physical injuries from police brutality every day. When making illegal arrests, police use excessive force to effect their arrest. They subject victims to physical violence, such as being beaten, thrown to the ground, or choked. Sometimes, they use chemical elements such as tear gas and peppered spray to inflict pain on their victims. They also use rubber bullets to enforce brutality. All these incidents are grounds to file a civil rights claim as they have violated your civil rights. People tend to suffer physical injuries and emotional trauma due to exposure to these harsh elements.

If you believe your civil rights have been violated in these contexts, you can seek the guidance of an experienced California civil rights lawyer. To hold law enforcement agencies accountable for their violations of your constitutional rights, you can employ the service of a civil rights lawyer to file your claim and work towards getting the deserved justice and safety.

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