Civil Rights Attorney in Pompano Beach

What Are Your Civil Rights?

The term “civil rights” once referred only to the liberties of citizens defined in the United States Constitution’s Bill of Rights. Over time, the term expanded to cover entitlements that the U.S. Congress has passed. Still, it’s the United States Bill of Rights that granted our first protections in the form of 10 amendments. 

The rights protected by those amendments include:

• Freedom of speech and freedom of the press to voice ideas and sentiments
• The right to peaceful protest
• Freedom to practice your religion
• The right to bear arms
• The right not to become the subject of unreasonable search and seizure, either of your body or of your personal property (such as a car or home)
• Protection against double jeopardy, or being tried for the same crime more than once
• The right not to incriminate yourself in a court of law
• The right not to incur excessive bail
• The right to a speedy trial and trial by an impartial jury of your peers
• Protection from cruel and unusual punishment

Other civil rights have been developed over time. These include:

• The abolition of slavery and indentured servitude
• The end of segregation
• The right for citizens to vote, regardless of race, social class, or gender
• Protection against discrimination in the workplace regarding gender, race, religion, national origin, age, familial status and pregnancy, and disability or handicap — these are known as “protected classes”
• No public service or government organization may deny service to any protected class
• No private business may refuse service to any patron who is a member of a protected class because they belong to that class

The federal government defines protected classes as those based on gender, race, religion, nation of origin, age, familial status, or disability. However, states have the power to broaden the scope and include more groups of people in these protected classes. For example, some state governments made it illegal to discriminate against a person because of their sexual orientation.

What Is a Civil Rights Violation? 

A civil rights violation occurs when a person’s legally protected rights or freedoms are infringed upon by a government actor. There are also some instances where civil rights may be infringed by a private entity.

If you’ve been denied equal treatment, harassed, or discriminated against in areas of employment, housing, voting, education, or public services, your rights may have been violated.

How the Law Protects You From Discrimination and Abuse

Many people hire a civil rights lawyer when their freedoms have been infringed. It’s unfortunate that this is necessary. The law itself provides protections from civil rights violations through federal and state statutes. These laws prohibit discrimination, ensure equal treatment, and guarantee due process. Sadly, violations still occur. 

Examples of Violations in Daily Life

At Long & Jean, P.A., we often hear the question “What counts as a civil rights case?” There is no single answer to this question. However, there are violations that every civil rights attorney in Florida sees more commonly than others. These include: 

• Police officers using excessive force or conducting an unlawful arrest 
• Public schools refusing to enroll children due to race or disability 
• Employers refusing to hire or promote based on a protected status 
• Polling places putting up barriers to prevent minorities from voting

Victims may suffer harm or losses due to these acts. However, these are not typical personal injury cases. These cases are federal or constitutional in nature. That’s why it’s so important to have an experienced civil rights lawyer on your side. 

Types of Civil Rights Cases We Handle

At Long & Jean, P.A., we understand the difficulties that can come after suffering a violation of fundamental liberties. It’s a scary experience, and you may wonder if you have any recourse.

Our civil rights lawyers are here to help. We assist clients in various cases, but the following are the most common that come across our desk. 

Police Brutality and Excessive Force

An excessive force attorney may be able to help if police used force on you beyond what was necessary. This includes unjustified shootings, beatings, and the misuse of restraints. 

False Arrest and Malicious Prosecution

When a person is detained without legal justification or is prosecuted based on false or biased claims, that person’s civil rights are at risk. These are blatant abuses of power that can lead to false imprisonment. Make sure you speak with a false arrest lawyer in these situations. 

Discrimination in Housing, Work, or Public Access

Federal law prohibits discrimination based on race, gender, disability, and other protected traits in housing, employment, and public accommodations. Anything from denied housing to certain types of nursing home abuse (such as denial of equal care) can fall into this category. 

First Amendment Violations

The First Amendment protects freedom of speech, religion, press, assembly, and petition. Violations of these rights occur when people are punished or restricted for the free exercise of their liberties. This is a particular problem when it’s the government committing violations. 

Can You Sue the Police or Government? 

Those seeking an excessive force attorney or legal representation for other civil rights violations often ask if suing the police or government is possible. The answer is yes, but there are some important things to keep in mind. 

Sovereign Immunity and Legal Hurdles 

Sovereign immunity shields government agencies and officials from many lawsuits. However, there are limitations. For a successful case, you’ll need to prove the official acted outside the scope of their authority or violated “clearly established” constitutional rights. 

When You Have a Right to Take Action 

You may have the right to sue the police or government if any of your constitutional rights were violated by government officials or agencies. Victims could even be entitled to substantial compensation.

You might need to file a “notice of claim” first, so it’s important to act quickly. A civil rights attorney in Florida can review your case and help you understand your options. 

Filing a Civil Rights Lawsuit in Florida

In Florida, civil rights lawsuits can be filed in state or federal court. The specific route will depend on the nature of the violation. While victims usually file under the relevant federal law, state remedies often still apply. 

Key Deadlines and Agency Requirements

Statutes of limitations apply to civil rights cases. The federal government doesn’t set these deadlines. Rather, the Feds defer to state law.

In Florida, you could have as little as one year to file a case against a government entity. This is another reason why quick action is critical. 

What Makes These Cases Time-Sensitive

Strict deadlines and complex procedural steps make civil rights cases highly time-sensitive. The urgency of the process becomes even more apparent when you realize that victims must file a notice with the government before undertaking any legal action against them. Failing to file in a timely manner can forfeit your right to potential compensation and other legal remedies. 

Proving Your Civil Rights Were Violated 

Building a strong case requires more than just your word. In most cases, courts will take the word of officers and authorities over a claimant’s. That’s why your case needs clear, compelling evidence and a solid legal strategy. 

What Kind of Evidence Strengthens a Case?

The more detailed and documented your case, the stronger your claim will be. Key evidence that can strengthen your claim includes: 

• Witness statements
• Video or audio recordings
• Police or incident reports
• Internal complaints or grievances
• Medical records of injuries occurred
• Texts, emails, or social media posts
• Timeline of events with dates and details

Why Legal Representation Is Critical

These cases often face high legal hurdles. Such hurdles include qualified immunity, complex procedures, and aggressive defense tactics.

An experienced civil rights lawyer in Florida knows how to gather evidence, meet relevant deadlines, and argue your case effectively. Legal representation can improve your chances both in and outside of court. 

The History of Civil Rights in the State of Florida

While the United States officially became recognized as a country in 1776, Florida was not incorporated as a U.S. state until 1845. Until that point, the Florida/Georgia line was an international border, and Florida was a Spanish colony as well as home to the Seminole Indian tribe.

Under Spanish rule, slaves had legal rights and could own property, unlike in the United States. They could buy their rights from the government and live as free men and women. Many slaves fled to what is now Florida from north of the border for this opportunity, and our state became a melting pot of sorts.

Florida was eventually incorporated into the United States under the condition that Spanish citizens be granted U.S. citizenship. Following Florida’s incorporation into the United States, people began to travel to Florida from states much further north, bringing slaves with them. Eventually, almost all people of African American descent living in what is now Florida were slaves until the end of the Civil War in 1865.

At that time, Florida had to agree to end slavery, ensure all men had the right to vote, and protect everyone under the law. 

Recent Civil Rights Cases in the State of Florida

Civil liberties have been long-established in Florida. Unfortunately, people continue to have their rights violated to this day. Our state has seen many civil rights cases throughout its history, and multiple claims are filed every single year. So far this year, these cases have included:

• Discrimination in the workplace
• Violation of the Americans with Disabilities Act of 1990
• Discrimination lawsuits filed against law enforcement

The need for civil rights attorneys in Florida is prevalent, and you should never hesitate to consult with one if you feel your rights were violated. There are laws in place to protect you.

Why Choose LJ for Civil Rights Representation

If your established freedoms have been violated by any government body, institution, or business, you have the right to file a lawsuit against that entity. Once you understand what a civil rights lawyer does, it becomes apparent why working with a legal professional is critical. 

Of course, there are many law firms to choose from. At Long & Jean, P.A., we truly believe we’re the right choice for many victims of civil right violations. 

Our Experience Fighting Government Overreach

When we take on a case, it’s because we truly believe in what we’re fighting for. We will not hesitate to take your case to trial if those who violate your civil rights are unwilling to correct their mistake and fairly compensate you.

This dedication has provided us with extensive courtroom experience taking on the government and large institutions. We have a large team of litigators with an amazing support staff behind them. Our civil rights lawyers are ready to assist. 

Committed to Justice for Victims in Florida

Civil rights violations often fall under federal law. Because of this, you’ll find attorneys who try to pick up cases all across the country. At Long & Jean, P.A., we understand that while these cases are often federal, it’s state law that often guides the process. 

That’s why our civil rights lawyers focus on helping those whose liberties were violated in Florida. This is our community, and we pride ourselves on the local impact we’ve had. If you believe your civil rights were violated, there’s no time to waste.

Contact us today for a free case evaluation. We know what you’re going through is scary, but we’re here to fight on your behalf.