01. Civil Rights
Constitutional law is a complex area of federal law because it deals with fundamental rights, or rights that the United States Supreme Court has held in the highest regard. Some recognized fundamental rights include:
custody of one's child(ren)
Our firm handles Fourth Amendment (right to be free from unreasonable searches and seizures) and Eighth Amendment (right to be free from cruel and unusual punishment) claims.
The Eighth Amendment protects individuals who are incarcerated from being punished in cruel ways. Courts have found that denial of medical treatment, denial of food or water, and/or denial of access to bathing facilities for extended periods of time can violate the Eighth Amendment.
A Fourth Amendment claim may exist where a state or federal officer seizes e.g. detains, physically harms, or ends the life of an individual without proper justification i.e. reasonable suspicion or probable cause. The most difficult aspect of Fourth Amendment cases is qualified immunity. Qualified immunity is a defense for officers that protects them from legal liability if their actions did not violate "clearly established" federal law.