What it means to be an American citizen can be a unique and individualized experience, but in a legal lens, it means having rights and protections by the laws of the land. In other words, the U.S. Constitution entitles citizens to several constitutional rights. Also termed civil rights, if a citizen believes that their civil rights have been violated, they are afforded legal options to rectify the matter.
Civil rights lawsuits
Pursuing a civil rights lawsuit is no easy feat, as they can be exceedingly complex and often follow specific procedures that differ from other legal processes. Depending on the civil right violated and by whom the violation is asserted against, there might be several options when moving forward with a lawsuit. There are three potential ways to sue, including a lawsuit under Section 1983, an EEOC complaint or joining a larger, ongoing lawsuit.
Section 1983 of the U.S. Code
Under Section 1983 of the U.S. Code, a citizen has the right to file a lawsuit against a government official or entity for a violation of any constitutional right. It matters involving police misconduct, this is frequently used to sue a police department for a wrongful arrest or the use of excessive force.
EEOC complaint
When an employee asserts that their civil rights were violated by an employer, they will likely be required to file a complaint with the EEOC within 180 days of the incident. Following this filing, the agency will move forward with an investigation. Either the complaint will be resolved, or they will allow a lawsuit filing.
Joining a larger, ongoing lawsuit
If a lawsuit concerning the same civil rights violation has already been filed, you might be able to join the lawsuit. This does not occur in all matters, and it will likely result in the matter being certified as a class action lawsuit. Because there is strength in numbers, this can offer your matter the attention it deserves.
Legal matters involving civil rights violations can be complex and overwhelming to navigate. It is important to gain a full understanding of the situation and the legal options available to you. This ensures that your rights are known, and actions are taken with your interests in mind.