What qualifies as a civil rights violation?

A civil rights violation can encompass actions of a government or private actor (such as an individual official, a person, or a business) that deprive you of some right or liberty guaranteed to you under the law or the United States Constitution. Often, civil rights violations involve some form of: Unlawful discrimination or unequal treatment, generally based on protected characteristics such as race, religion, sex, or disability Deprivation of freedoms pertaining to life, liberty, or property without due process of law (that is, without following proper legal procedures) Civil rights violations commonly involve law enforcement officers, public school officials, prison guards, and other government actors, but they can also involve private businesses, employers, landlords, and individuals participating in human trafficking activities.

Through a civil rights lawsuit, you can recover compensation for damages that include:

Medical costs of treating bodily injuries caused by the defendant’s actions Lost wages that result from missing work due to injuries, unlawful imprisonment, or other relevant reasons Damage to your property resulting from the defendant’s actions Pain and suffering, emotional distress, reputational harm, humiliation, and other forms of non-economic damages If you win your civil rights case, you can also recover attorney’s fees and litigation costs. In some instances, you may be awarded punitive damages. Instead of compensating you for losses you sustained, the purpose of punitive damages is to punish the defendant for conduct that is particularly egregious. Punitive damages aren’t always available in civil rights cases, regardless of the heinousness of the defendant’s conduct. Punitive damages may be available against individual officials for egregious conduct. They are not available against municipalities under Section 1983, and under Title VII, they are not available against government employers. Financial compensation isn’t the only potential outcome you could receive if you win your civil rights lawsuit. Courts may issue declaratory relief, which formally validates your claim by declaring the defendant’s conduct or the policy unlawful or unconstitutional. The court may even force a change through injunctive relief, in which it orders the defendant to stop the action, change the policy, or take other corrective actions to avoid future civil rights violations. Some constitutional rights violations, like hate crimes, sexual assault by government actors, and the use of excessive force, can also lead to criminal prosecution against the defendant. This is a separate legal issue, even when it arises out of the same circumstances that gave rise to your civil rights case. Your claim for compensation isn’t dependent on the outcome of the defendant’s criminal proceedings (if any).

What evidence is needed in a civil rights case?

For your claim to be successful, you need to present evidence that establishes that the conduct of this defendant deprived you of a right that is guaranteed to you under the U.S. Constitution or federal law. I craft effective cases backed by evidence such as police reports, medical records, photos, video footage, eyewitness testimony, and messages to and from the defendant. To support my clients’ arguments of civil rights violations, I undertake thorough investigations, gathering compelling evidence that helps me tell their stories effectively before a judge or jury.

How much does it cost to hire a civil rights lawyer?

I’m committed to ensuring that everyone who needs help holding law enforcement officers and other government and private actors accountable for civil rights violations has access to skilled legal guidance. Not only do I offer confidential consultations, but I also take a flexible approach to fees, including the availability of contingency-based (no upfront fee) representation. If you’re concerned about the cost of retaining a civil rights lawyer to fight for you, take advantage of a consultation to explore your options. I can review the facts of your situation, provide an objective evaluation of your potential case, and help you understand all the options, such as pursuing compensation for your attorney’s fees from a government defendant under Section 1988, Title 42 of the United States Code.

Miami Civil Rights Litigation Lawyer | Civil Rights Attorney in Miami, FL

Forge Litigation Group/

Miami Civil Rights Litigation Lawyer

Civil Rights Attorney in Miami, FL, Litigating Police Misconduct and Government Accountability Cases for Clients in South Florida and Nationwide

Your rights are more than just abstract ideas written into legal statutes. They’re what allow you to live your life with the utmost freedom, and they deserve to be protected. When a government actor has trampled on your rights, you deserve justice. As a Miami civil rights litigation lawyer, I don’t shy away from taking legal action against powerful officials at every level of government.

When you’re in need of a civil rights attorney in Miami, FL, Forge Litigation Group is the clear choice. At my law firm, I take pride in standing up for the proverbial “little guy” and pushing for change, justice, and every dollar of financial compensation available to my clients. I fight for individuals whose rights have been violated, pursuing an outcome that ensures that government officials, employers, and other defendants face full accountability for their actions.

Allowing this violation of your rights to go unaddressed can cost you, and ignoring the problem means that nothing will change. It’s time to explore your legal options with the guidance of experienced counsel. Contact me today for a confidential consultation, and find out what moving forward with a civil rights claim can do for you.

Protecting Clients’ Rights and Pursuing Justice

There’s a lot of misinformation among the public and the media about what exactly “civil rights” are and what constitutes a violation of these rights. I’m committed to correcting these misconceptions and empowering people who believe their rights may have been violated to make decisions about their next steps from an informed position.

Civil rights encompass the legal protections against unequal treatment that are guaranteed to individuals under federal law, state law, and the United States Constitution. Many civil rights claims address violations of civil liberties, which encompass a broader array of basic freedoms established in the U.S. Constitution (including its amendments).

Examples of your civil rights and liberties include:

Freedom from discrimination based on protected classes, such as race, color, national origin, religion, sex, age, and disability
Equal access to government services, public accommodations, housing, and education
The right to receive equal educational opportunities and to attend public school without facing discrimination
Fair treatment in the workplace, including hiring decisions, pay rates, promotion opportunities, and termination procedures that are non-discriminatory
The right to vote, if eligible to do so, without facing discrimination or voter suppression
Freedom of speech and free assembly without the government arresting or retaliating against you, as established in the First Amendment to the U.S. Constitution
Freedom from unreasonable searches and seizures by the government and law enforcement, as established under the Fourth Amendment to the Constitution
Right to due process of law, including procedural protections in the justice system and broader protection from arbitrary or retaliatory deprivations of life, liberty, or property
Protection against self-incrimination and double jeopardy (being tried for the same crime more than once in the same court), as established under the Fifth Amendment to the Constitution

The civil rights and liberties that American citizens and all persons in the United States, regardless of immigration status or national origin, are guaranteed provide a critical foundation for building your life. Without these rights and liberties, governments could imprison you for no reason, public schools and employers could discriminate against individuals unfairly, and property could be seized without cause and never returned. Because recourse through the civil legal system exists, you can fight back against rights violations with the help of a knowledgeable attorney.

Types of Cases a Civil Rights Attorney in Miami, FL, Can Assist You With

Civil rights violations take numerous forms. While many violations pertain to conduct by government actors, it’s also possible for employers, businesses, landlords, and others to face liability for civil rights violations.

Examples of circumstances that may give rise to civil rights litigation include:

Police brutality and excessive force (generally leading to claims against the relevant city or county, as many police departments are not suable entities)
Illegal law enforcement searches and seizures
False arrests
Imprisonment or seizure of property without due process of law
Workplace discrimination, including considering an applicant’s or worker’s race, sex, age, disability, or other protected characteristics in hiring decisions and promotions
Wage violations that involve discrimination in pay based on protected characteristics (including race and sex) or as retaliation for filing a discrimination complaint
Housing discrimination, such as a landlord’s denial of rental applications based on protected characteristics such as race, sex, religion, disability, or family status
Denial of equal access to education in a public school based on protected characteristics such as race, sex, and disability
Abuse of prisoners or detainees by guards or denial of needed medical care during imprisonment
Sexual assault committed by a government actor in their official capacity, such as a prison guard assaulting an inmate or a police officer assaulting someone in custody
Hate crimes in which the threats or physical violence are motivated by protected traits of the victim, including race, religion, and sexual orientation, particularly when they involve state actors or conspiracies
Human trafficking crimes that deprive victims of freedom or bodily autonomy through sexual exploitation or forced labor

Determining what constitutes a civil rights violation can be complicated, and it often depends on the specific facts involved in each unique situation. For example:

Arresting you for a crime you didn’t commit may not constitute a civil rights violation of false arrest if probable cause existed and due process was followed, even if you are later found to be not guilty or the charges are ultimately dismissed.
While the First Amendment generally protects you from being arrested for exercising your right to free speech, it does not prevent an employer from firing you for statements you make, as long as the termination is not discriminatory and follows proper procedures.
A private business may refuse service to a customer or client for non-discriminatory reasons, even though it cannot legally refuse service based on protected characteristics such as race, sex, age, or disability.

Unraveling the truth can sometimes require considerable investigation and in-depth analysis of the facts. Having a Miami civil rights litigation lawyer on your side is essential for fully understanding your rights and what legal options may be available to you.

Your Recourse for Civil Rights Violations

When your rights have been violated, you don’t have to just accept that what’s done is done. You can take action to hold the party that violated your rights accountable. Generally, that can mean:

Receiving monetary damages for your losses (compensatory damages) and, in some cases, punitive damages that, in cases against individuals (but not municipalities), can be awarded to punish the defendant
Getting a court to issue declaratory relief by declaring that the action or policy for which you’re seeking accountability is unlawful or unconstitutional
Achieving broader change by getting a court to order the defendant in your case to stop the conduct that violated your rights or to take other forms of corrective action in what’s known as injunctive relief
Recovering attorney’s fees and legal costs if you win your claim, which removes the financial hardships of having to pursue litigation to hold the defendant accountable

With a Miami civil rights litigation lawyer fighting for you, it’s possible to secure financial compensation for lost property, medical expenses, wage loss, and emotional distress while also making a strong case for systemic or structural reform. You can play an important part in making a difference, so that others won’t face the same violations you did.

How Forge Litigation Group Can Help

In my civil rights litigation practice, I’m primarily focused on Section 1983 claims on behalf of plaintiffs whose rights have been violated. Section 1983 claims are civil claims for compensation that you can pursue under specific circumstances.

First, you must establish that the defendant in your case acted “under color of state law,” which means that this party is a state or local government actor. Government actors that can be held liable in Section 1983 claims can include:

Individual state or local officials in their individual capacities
Municipalities (cities or counties), under the Monell doctrine, but only when the moving force behind the violation was an official policy, custom, practice, or act of deliberate indifference in training or supervision (that is, municipalities cannot be held vicariously liable for employees’ actions)
Private parties only when circumstances such as joint action with police, performance of a traditionally exclusive public function, state compulsion, or entwinement qualify the private individual or entity as a state actor

Then, you must establish that the defendant’s conduct deprived you of a federal constitutional or statutory right.

In addition to Section 1983 claims, civil rights litigation can include:

Bivens actions, which are legal actions that, under narrowly limited circumstances, may be filed against federal government officials, such as FBI and Border Patrol agents, who are not covered under Section 1983 claims
Federal statutory civil rights claims, which often arise out of discrimination in employment, housing, and other areas, and which can apply to private actors not covered under Section 1983 claims
State tort claims, which may be subject to immunity limits, notice requirements, and damages caps, against government officials that address violations of state-level civil rights laws or of rights established under state constitutions

Depending on your situation, some of the actions you take may include filing administrative or agency complaints. The Equal Employment Opportunity Commission (EEOC) addresses matters of workplace discrimination, while the U.S. Department of Housing and Urban Development (HUD) pertains to housing discrimination violations. For broader systemic civil rights violation issues, you may be able to file a complaint with the Department of Justice (DOJ) Civil Rights Division.

If you’re not sure how to move forward with taking legal action, it’s time to bring on an experienced Miami civil rights litigation lawyer who can help you sort out the complexities and assess your options. From identifying the avenues that may be open to you to strategically filing administrative complaints, I’m here to help you build your case for the most favorable outcome possible.

Why Choose Forge Litigation Group as Your Miami Civil Rights Litigation Lawyer?

With Forge Litigation Group fighting for your legal rights, you have an experienced attorney who is consistently trial-ready and dedicated to supporting you at every stage of the legal process.

Decades of Experience in Legal Practice

I’ve spent 25 years practicing law in numerous capacities, from serving as a former Assistant Public Defender in Miami-Dade County to handling litigation in large regional and international law firms. In my private practice, I have represented clients since 2015 in complex legal matters that range from civil litigation of various kinds to criminal defense work. I use this full scope of knowledge to develop effective strategies for the clients I represent.

Willingness to Fight for You in Court

To get justice for you, I’m willing to take your case as far as necessary. I prepare every case for the possibility of going to trial, and unlike many civil litigation attorneys who rarely go to court, I take multiple cases to trial every year. This dedicated, detail-oriented case preparation provides leverage in settlement negotiations while ensuring readiness to present your case in the courtroom if needed.

Compassionate Representation for Turbulent Times

You need legal counsel who understands the impact of civil rights violations, not only in how they present your lawsuit in the courtroom but also in how they support you throughout the legal process. I am the type of lawyer who takes my clients’ legal challenges personally and becomes wholly invested in their causes and the outcome of their cases. I’m here to listen to your story with compassion and represent you with dedicated advocacy.

Contact a Miami Civil Rights Litigation Lawyer at Forge Litigation Group Today for a Case Review

No one’s civil rights should be violated, and no one who has been the victim of such a violation should be prevented from seeking justice. At my firm, I provide confidential consultations to ensure that every person who may have a civil rights claim receives the guidance they need to make informed decisions.

During this discussion, I will listen to your story, ask questions to obtain familiarity with your circumstances, and answer your questions. I will provide an objective assessment of your case, including whether you have grounds for civil rights litigation that’s likely to be successful and how I may be able to help you secure a favorable outcome. There’s no obligation to move forward, which means there’s nothing to lose by exploring your legal options.

For help from a civil rights attorney in Miami, FL, contact Forge Litigation Group online or call 786-933-8794 today.

Frequently Asked Questions About Civil Rights Litigation

A civil rights violation can encompass actions of a government or private actor (such as an individual official, a person, or a business) that deprive you of some right or liberty guaranteed to you under the law or the United States Constitution. Often, civil rights violations involve some form of:
Unlawful discrimination or unequal treatment, generally based on protected characteristics such as race, religion, sex, or disability
Deprivation of freedoms pertaining to life, liberty, or property without due process of law (that is, without following proper legal procedures)
Civil rights violations commonly involve law enforcement officers, public school officials, prison guards, and other government actors, but they can also involve private businesses, employers, landlords, and individuals participating in human trafficking activities.
Medical costs of treating bodily injuries caused by the defendant’s actions
Lost wages that result from missing work due to injuries, unlawful imprisonment, or other relevant reasons
Damage to your property resulting from the defendant’s actions
Pain and suffering, emotional distress, reputational harm, humiliation, and other forms of non-economic damages
If you win your civil rights case, you can also recover attorney’s fees and litigation costs.
In some instances, you may be awarded punitive damages. Instead of compensating you for losses you sustained, the purpose of punitive damages is to punish the defendant for conduct that is particularly egregious. Punitive damages aren’t always available in civil rights cases, regardless of the heinousness of the defendant’s conduct. Punitive damages may be available against individual officials for egregious conduct. They are not available against municipalities under Section 1983, and under Title VII, they are not available against government employers.
Financial compensation isn’t the only potential outcome you could receive if you win your civil rights lawsuit. Courts may issue declaratory relief, which formally validates your claim by declaring the defendant’s conduct or the policy unlawful or unconstitutional. The court may even force a change through injunctive relief, in which it orders the defendant to stop the action, change the policy, or take other corrective actions to avoid future civil rights violations.
Some constitutional rights violations, like hate crimes, sexual assault by government actors, and the use of excessive force, can also lead to criminal prosecution against the defendant. This is a separate legal issue, even when it arises out of the same circumstances that gave rise to your civil rights case. Your claim for compensation isn’t dependent on the outcome of the defendant’s criminal proceedings (if any).
For your claim to be successful, you need to present evidence that establishes that the conduct of this defendant deprived you of a right that is guaranteed to you under the U.S. Constitution or federal law. I craft effective cases backed by evidence such as police reports, medical records, photos, video footage, eyewitness testimony, and messages to and from the defendant.
To support my clients’ arguments of civil rights violations, I undertake thorough investigations, gathering compelling evidence that helps me tell their stories effectively before a judge or jury.
I’m committed to ensuring that everyone who needs help holding law enforcement officers and other government and private actors accountable for civil rights violations has access to skilled legal guidance. Not only do I offer confidential consultations, but I also take a flexible approach to fees, including the availability of contingency-based (no upfront fee) representation.
If you’re concerned about the cost of retaining a civil rights lawyer to fight for you, take advantage of a consultation to explore your options. I can review the facts of your situation, provide an objective evaluation of your potential case, and help you understand all the options, such as pursuing compensation for your attorney’s fees from a government defendant under Section 1988, Title 42 of the United States Code.