US Law - Civil Rights Cases
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Excessive use of Force by Police
The quote above is the actual language of the 14th Amendment of the Unites Constitution. It applies to all individuals in the United States, regardless of race, color, gender, immigrant status, or religion. So we are protected under the United States Constitution to be free of abuse of force by any government officer.
On the other hand, law enforcement officers have the right to use force as reasonably necessary to enforce the law and protect the community and themselves. The problem is when some law enforcement officers act unreasonably and use their powers and even deadly force against the people unjustifiably.
For example, I recently represented in court a young man in a civil rights shooting case. “Tito” was not a high profile criminal by any chance. But he made bad decisions for his life when he was driving his work truck on a Friday under the influence. He was stopped by an officer and he knew he was going to be arrested for dui. So he decided to take off on his vehicle in attempt to avoid arrest. Bad idea. But the officers instead of pursuing him on their patrol vehicles -as the guidelines provide- decided to rather simply use their guns shooting “tito” and his truck from behind. Tito was hit on the Cervical Spine and he was left quadriplegic for the rest of his life. The officers could not justify how did they feel threatened by Tito if he was driving his vehicle away, not threatening any officer or anyone else. He was not armed. He was just very afraid that he was going to be arrested and then Deported. In litigation, we were able to establish this officer’s shooting was not legally justified. The case eventually settled for close to One million Dollars which have helped “tito” to be able to pay for the medical care that he needs for the rest of his life. Yes a very bad decision by Tito, and also yes an unconstitutional shooting by Police officers.
“This is a written testimonial - wow and just wow - thank you”
Violation to Civil rights in Jail
The constitution provides protection of civil rights even to individuals who are in custody. In other words, not because a person is arrested it means that such person no longer has rights to sue for the abuse of constitutional rights by law enforcement entities and officers.
In a very recent case against San Bernardino County Sheriff’s Department, I represented 2 parents of a 29 years old man who died in jail hours after being arrested for a simple violation to a civil-family law restraining order. “Federico“ was a healthy construction worker from Zacatecas Mexico. He was arrested on allegations that he had violated a restraining order that his ex wife had against him. He just wanted to see his son, and he had no prior criminal records.
In Court litigation, we discovered video, audio, documents, and other types of evidence that showed how Federico was victim of outrageous physical attacks by San Bernardino County Sheriff’s Dpt. Deputies when he was in jail. He suffered brain injuries, ribs fractures, multiple contusions, and it was all unjustified use of physical force by Deputies not other inmates. Federico was placed by the Deputies in a 5 by 5 foot cell after being injured, without food, without medical care or water for hours. He was found dead inside the cell, which by the way was called “The safety cell”.
The case was eventually settled in Federal Court close to trial, and the family has received financial compensation for the loss of the life of Federico. These cases of abuse of civil rights are still happening in our country. And I take my part in the journey to stand up for the civil rights provided to all by our US constitution. “We shall prevail when all men are treated equally, with respect, dignity and reverence for life”. JEA
“Another testimonial from the family”
Civil Rights Violations in General
There are many situation that can involve a violation to civil rights. And civil right cases are not only shooting cases. Or death in custody cases. Thus, to find out more about your civil rights and whether you have a case that we can help you please feel free to use our “submit your case option “ here below.
If you have been victim of civil rights violations, It would be an honor for me to serve you.
“This is another family testimonial”