Kneeling Protestors

Civil Rights

WHAT TYPE OF CIVIL RIGHTS CASES DO WE HANDLE?

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:

  • marriage

  • privacy

  • contraception

  • interstate travel.

  • procreation

  • custody of one's child(ren) 

  • voting 

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.

Our firm handles 42 U.S. Code § 1981 (Section 1981) claims.  Section 1981 prohibits discrimination in the creation of legal contracts (e.g. business contracts, leases, etc.).

Our office also handles Fair Housing Act claims.  It is illegal to discriminate in the sale, rental, or other housing-related activities. The Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability.

 

Hover over the images below to learn more about our different civil rights matters.

What's an example of a Section 1981 Case?

Discrimination in Banking Contracts

Our office has handled cases involving large banks who have discriminated against patrons trying to obtain money from their accounts.

What's an example of a Fair Housing violation?

Discrimination in the Rental, Sale, or Housing Related Services

  • charging a single parent more for rent because of the number of children he or she has

  •  'steering' a black family to certain neighborhoods to purchase a home

  • denying an individual with a disability reasonable accommodations 

Why are police misconduct cases so difficult to win?

Qualified Immunity

To make it to trial, the victim of police brutality (plaintiff), must prove that the Georgia Supreme Court, Eleventh Circuit, or United States Supreme Court has previously found that the officer's behavior violated the plaintiff's Fourth Amendment rights.