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Your civil rights are important, and they deserve the utmost protection. It is your civil right to be treated equally regardless of your race, religion, sexual orientation or age. When these rights are violated, civil rights attorneys are available to help you. Civil rights violations happen all too frequently, but there is something you can do about it.

These civil rights violations can put you at risk of being shot, arrested, pepper-sprayed, or injured due to excessive force, reputational harm, loss of liberty and freedom, bodily injury, or even death. Your rights may have been violated by the police,  government officials, state employees, or the City itself. These violations are a violation of your constitutional rights and are wrong and unjust. A civil rights lawyer promotes social justice and knows how to present your case and fight for compensation in your situation.

At Roth & Roth, we take the civil rights of our clients very seriously. We make it our mission to protect your constitutional rights and fight back against those that would violate them. You may be entitled to an end to the discriminatory conduct and an award of monetary compensation for what you have been through. Our civil rights attorneys have years of experience battling the city, the police, and other organizations that have violated civil rights — let us put those years of experience to work for you.

Roth & Roth has been successfully representing individuals and families throughout the State of New York for over 25 years. If you or someone you know was injured or killed in New York due to someone else's wrongdoing, contact us to discuss your options. Initial consultations are always free and we never get paid unless and until you do.

The United States Constitution and the New York Constitution grant you certain inalienable rights. Everyone in New York State and beyond has the right to be free from harassment and discrimination from the police and the government. However, people often face discrimination based on their race, ethnicity, or color of their skin. They may also face discrimination because of their gender, sexual identity, or sexual preference. These types of protected characteristics and others cannot be a basis for discrimination and should not cause you to face retaliation, racial profiling, retribution, arrest or abuse. When it does occur, this is a violation of your civil rights.

These rights should not be infringed on by the government. When the State, City or County, their employees, police officers, corrections officers, troopers, detectives, investigators, or public officials violate a person's rights, they should be held accountable for those actions. A civil rights attorney understands how to handle these cases and fight for compensation to help you recover.

The term "discrimination" in the context of a civil rights violation means an unlawful treatment of a person or group of people based on characteristics over which they have no control. When these characteristics are protected by federal law or the Constitution, and they are the basis for an arrest or retaliation by the government, this is a civil rights violation. Discrimination can often occur as a result of factors like:

  • Religion or faith beliefs
  • Sexual orientation
  • Gender or gender identity
  • National origin
  • Race
  • Ethnicity
  • Age 
  • Disability
  • Marital status

These types of characteristics and others may be the basis for discrimination. When this occurs, you may have a civil rights violation case. This may entitle you to significant financial compensation with the help of a qualified human rights attorney.

What types of civil rights violations does your firm handle?

The New York City civil rights lawyers at Roth & Roth handle nearly every kind of civil rights violation. We take a comprehensive approach to your case to make sure we can help because we earnestly believe that people's rights deserve protection. Some examples of civil rights violations we handle include, but are not limited to:

  • Police shootings
  • Excessive force; pepper spraying or macing, cuffs being applied too tightly causing injuries
  • Police shooting family dogs 
  • False arrest
  • Wrongful convictions
  • Illegal vehicle stops
  • Police battery and assault
  • Illegal police raids
  • Illegal arrests for loitering
  • Retaliatory arrests
  • Malicious prosecution
  • Police brutality
  • Frisking a suspect without cause or rough frisking
  • Racial profiling
  • Wrongful death
  • Retaliation for exercising freedom of speech or preventing protected speech
  • Failure to protect inmates from other inmates 
  • Extended imprisonment vs the State, known as 8b cases. 

These types of civil rights violations are just the tip of the iceberg. You may have been profiled or discriminated against due to a protected characteristic. You may also have had your other civil rights violated such as your 4th Amendment rights, which is otherwise known as the right against unreasonable search and seizure. A lawyer for civil rights can identify how your situation fits into a possible civil rights claim.

What is Racial Profiling?

The New York Police Department became famous for its controversial "stop and frisk" policy. The Fourth Amendment to the U.S. Constitution protects people against unreasonable searches, and this includes being frisked without just cause. The police must have a reason to believe that a person has committed a crime in order to justify a search. The officer cannot simply stop and frisk someone based on the color of their skin.

The vast number of people subject to racial profiling stop and frisk victims are African-American and Latino. However, nearly any person in a minority group could be targeted by an officer. Most stops are done without any justification — simply discrimination and prejudice. While the official policy no longer exists, many officers still engage in this common civil rights violation. If you were stopped and frisked for no apparent reason, you may be entitled to monetary compensation for what you have been through. Let our office review your case and provide you with personalized advice.

What is a wrongful conviction in New York City?

A wrongful conviction occurs when a charge and finding of guilt are built on civil rights violations. The evidence used to falsely arrest you or convict you may be tainted by fabricated evidence, illegal search, and seizure, or even racial profiling. The evidence may have been doctored or your confession coerced by illegal or unethical interrogation tactics. The misconduct may be by the police department, the detectives, improper training and discipline of the prosecutors, or all of them.

A wrongful conviction case may entitle you to significant compensation for what you have been through from the incarceration you faced, the damage to your reputation, and more. We help clients sue the City of New York and other cities and municipalities, the NYPD and other police departments, and District Attorneys' offices to compensate them for their losses. A wrongful conviction could entitle you to a significant financial award.

What is police brutality and excessive force?

Instead of being an aggressor, police are supposed to protect and serve. Police brutality is especially common in large metropolitan areas, and New York City and Rochester see this brutality far too often. Police brutality may include conduct like:

  • Using deadly force against someone who is not a threat
  • Compressing the chest causing asphyxiation 
  • Striking with batons, flashlights 
  • Using pepper spray, shooting pepper balls, tear gas
  • Non-lethal munitions, concussion and flash grenades, rubber bullets, bean bags 
  • Excessive use of force to detain a suspect who committed no offense 
  • Tackling a suspect when unnecessary
  • Tightening handcuffs too tightly
  • Using chokeholds that cause harm
  • Excessive use of a taser or firearm
  • Beating a suspect
  • Physical assault of a suspect

These and many other instances may justify a civil rights violation case for police brutality. Often the police will claim that after a person dies from the improper use of force that the person actually died from an unrelated cause of death that they call “excited delirium”. A qualified New York City civil rights attorney knows how to pursue damages in these cases.

Can prisoners file a civil rights violation lawsuit in New York City?

While the focus is often on the rights violated during an arrest, individuals who are behind bars also have civil rights. Prisoner abuse and prison injuries often violate a person's constitutional rights. A guard is not permitted to physically, sexually, or verbally harass or abuse a prisoner. They are also not permitted to deny reasonable and necessary medical care. Many other civil rights may be violated while a person is behind bars and may entitle that person to file a civil rights claim.

If you are a prisoner who has sustained abuse during your incarceration, you may be entitled to file a claim against the prison, guard, or even the government. These cases can be incredibly complex, but skilled human rights attorneys know how to protect the rights of prisoners.

What types of damages can I win in a New York City civil rights violation lawsuit?

When you are harmed through a civil rights violation, you may be entitled to financial compensation to help reimburse you for your injuries. This may pay not only for the economic harms you have faced but the non-economic harms as well. These might include:

  • Pain and suffering
  • Costs of past and future medical treatment 
  • Costs of rehabilitation or disability compensation
  • Inability to work or lost income damages
  • Loss of consortium support and guidance
  • Statutory civil rights damages - Attorney’s fees
  • Punitive damages 
  • Property damages

These types of financial compensation can help you get back on your feet. They can also help hold the party responsible for their violation of your civil rights. You can seek a consultation for your case to determine what compensation may be available in your unique circumstance

Can I sue the City of New York or the NYPD for civil rights violations?

Depending on who is responsible for the civil rights violation, you are permitted to file a legal claim against New York City or the New York Police Department. These and other governmental entities may be sued through a special filing process. This process adds additional hurdles to filing a damages claim. However, a seasoned New York civil rights attorney understands these unique challenges and how to face them head-on.

How long do I have to file my civil rights lawsuit?

Civil rights lawsuits are against the government or a governmental entity. This means that some state law claims are subject to a short limitation period for filing the case. For example, claims against municipalities like the City of New York or Rochester, or NYPD or Rochester police department, must be filed within 90 days of the date the violation occurred. The aggrieved person must file a notice of claim within this time period, or your attorney will have to file a motion to file a late notice of claim or your case may be dismissed once you file a lawsuit. Federal claims and violations of the US Constitution are subject to a three-year statute of limitations.

This is a very short period in which to file a claim and lawsuit for your state law claims, and many potential plaintiffs wait too long before approaching an attorney. The best course of action is to reach out for a free consultation right away after your rights have been violated. Do not miss your opportunity to hold the violator responsible for their actions.

Do I need a New York City civil rights attorney?

While any lawyer may file a civil rights lawsuit, it is incredibly difficult to do so successfully. Civil rights cases — especially those against the government — are incredibly complicated. They require an in-depth knowledge of state and federal law concerning civil rights violations. These cases also require years of experience navigating the complex procedural requirements of filing a claim, gathering and exchanging evidence, and negotiating a potential settlement.

A civil rights attorney in New York City can help you avoid these common problems and protect your constitutional rights. As with all of the areas of the law that we practice, we handle cases throughout New York State, not just within the City of New York.

How much does it cost for a New York City civil rights lawyer to represent me?

Our civil rights cases operate on a contingency fee basis and federal law provides for fee-shifting if we win the government can also be responsible for attorney's fees. This means we do not charge you anything unless and until we win your case. We are quite serious about protecting our clients' rights. We are not here to make your life more difficult — we truly want to help. 

That is why we fight incredibly hard to secure you the best verdict or settlement possible. Unless we win for you, you owe nothing. It is much more important to us that your civil rights are fully protected.

Suffering abuse at the hands of the NYPD, the government, or any government agency of police force should not be taken lying down. You owe it to yourself to ensure that your rights are protected and that any violations are paid for. We can help with that. Our highly experienced team of civil rights attorneys makes it our priority to fully investigate and pursue your claim. You may be owed significant financial compensation as a result of what you have been through. 

Don't let them get away with violating your civil rights. Let the attorneys at Roth & Roth review your case and provide you with a free consultation. No matter who you face, we will stand by your side with quality representation at every step. Contact our office today to get started with your case.

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