Bronx Attorneys Advocating for People Harmed by Civil Rights Violations in NYC
The skilled personal injury lawyers at the Jesse Minc Personal Injury Law bring claims on behalf of people who have suffered from civil rights violations throughout New York City and in Nassau, Suffolk, and Westchester Counties. Our team of Bronx civil rights lawyers includes many professionals who have been recognized by their peers as being at the top of their fields. We take pride in providing excellent legal representation and service to our clients, and offer our clients top-flight legal knowledge and trial skills which provide the best possible chance of full compensation to our clients when their civil rights and dignity is offended at the hands of the government and others in positions of power.
Some lawyers who claim to have “civil rights” litigation experience are afraid to bring claims in Federal court because, for example, it is more expensive and time consuming to do so. This is not the case with our attorneys, as we do not fear any venue or any judge when we have a meritorious case to bring. Our lawyers are experienced in bringing civil rights claims, and indeed all types of claims, in the State and Federal courts in New York, and will make sure that your case is brought in the venue most likely to result in a favorable outcome depending upon the particulars of your claims of violations of your civil rights.
In order to ensure that we can devote our full attention to each client, we limit the number of cases that we accept; and if we take your case, it is because we truly believe in your case and in your right to full compensation. If we accept your case, we put our money behind your claims and hire the best experts possible, ranging from experts in police procedure to prove liability and civil rights violations to economists and medical experts to prove your damages, in order to properly demonstrate each and every element of your case in court. Every one of our clients has direct access to the attorney working on their case. As a client of our firm, you will never find yourself rerouted to an assistant or paralegal if you need to have your questions answered directly by your lawyer. Our better than 95 percent success rate obtaining verdicts and settlements for our clients demonstrates our commitment to excellence.
The Bill of Rights and other amendments to the U.S. Constitution protect people from overreach and abuse by the government and its officials and agents. This applies to all people in New York City and around the country, rather than just U.S. citizens. It is important to remember, especially in these politically charged times, that even non-citizens enjoy many of the rights bestowed under the Constitution, and are entitled to compensation if these rights are violated. Almost any government agency or official could commit acts that violate various civil rights protections, but probably the most common type of civil rights complaint involves abuses committed by police officers. Policing in the Bronx and elsewhere in New York City is a difficult and important job, to be sure, but the Constitution’s safeguards against abuses of power are vitally important to the protection of the public trust and confiednce in law enforcement, and violations of civil rights by police officers are to be taken with the utmost seriousness.
Civil Rights Protections Under the Constitution
Among the Constitution’s civil rights protections, the Fourth Amendment prohibits police from searching persons or their premises, or arresting them, without a warrant or probable cause to suspect criminal activity. The Fifth and Fourteenth Amendments state that police may not deprive people of “life, liberty, or property” without providing “due process of law.” Many cases involving claims like excessive force and wrongful arrest derive from these protections
The Fourteenth Amendment also contains the Equal Protection Clause, which states that the government may not “deny to any person within its jurisdiction the equal protection of the laws.” As mentioned earlier, the use of the word “person” here indicates that Equal Protection rights apply to all people, instead of just citizens.
Unlawful Discrimination by Police and Other Officials
A common example of unlawful discrimination by police involves a practice known as “racial profiling.” The U.S. Supreme Court held in a 1968 decision, Terry v. Ohio, that police must have a “reasonable suspicion” that a person is or soon will be involved in a crime in order to detain them, such as by stopping them on the street or pulling them over in their vehicle. Racial profiling involves stopping an individual solely or primarily because of their race or national origin, rather than a reasonable suspicion of a specific offense. A ruling by a New York City federal judge in 2013, Floyd v. City of New York, held that the NYPD’s “stop and frisk” policy violated the Equal Protection Clause because it frequently led to stops of people based on their race, without reasonable suspicion. Claims of discrimination generally fall under the umbrella of violations of “Equal Protection”, and discrimination is anathema to the Constitution and our system of laws. If you believe that you have been unlawfully discriminated against, you may have a claim for violations of the guarantee of “Equal Protection” under the U.S. Constitution and may be able to bring claims against those responsible for discriminating against you.
Filing a Claim of Unlawful Discrimination
Statutes like 42 U.S.C. § 1983 allow individuals to file suit for civil rights violations by government agents. This important rule bridges the gap between the Constitution and the citize, providing a “private right of action” for citizens to sue government officials if their Constitutional rights are violated. Because of the doctrine of governmental immunity, some claims against the government or any of its agencies require filing a notice of claim before a lawsuit may be filed. However, generally with respect to claims of Constitutional violations, such a procedure is not necessary and a lawsuit under 42 U.S.C. § 1983 can be brought right away in State of Federal court.
Speak to a Civil Rights Attorney in the Bronx Today
At the Jesse Minc Personal Injury Law, we combine an experienced and skilled team of attorneys with a vast array of resources for investigating claims and preparing cases for trial. Our team of investigators includes a retired NYPD detective, and we regularly consult with former police officers on questions of police policies and procedures. We have access to top experts in fields like public safety and forensics. These resources are available to our clients at no up-front cost. We pay 100% of the cost of investigating and preparing your case, and you are only obligated to pay us back from money that we obtain for you after a settlement or verdict. Long before that, your free initial consultation with our firm includes a preliminary investigation of your claim, often starting with obtaining copies of relevant medical records. To schedule a confidential consultation to see how the Jesse Minc Personal Injury Law can help you, contact us today online or at (718) 354-8000. We represent people in the Bronx, Brooklyn, Queens, and Manhattan, as well as throughout Nassau, Suffolk, and Westchester Counties. Se habla español.