what lawyer will fight for my constitutional rights

by Wilburn Schmidt 3 min read

Why hire a constitutional law attorney?

 · A constitutional law attorney can support the plaintiff in the litigation if the plaintiff considers that his or her constitutional rights have been violated. Should I Hire an Attorney? If you are faced with an issue in which your constitutional rights that have been violated, it is essential to hire a skilled government lawyer. Since constitutional law is very complex and you have the …

Why do lawyers litigate constitutional issues?

 · You can call Constitutional lawyers in your area (try Google or the Find a Lawyer tab at the top of this page) and ask them to consider taking up your case. The lawyers will expect to be paid up-front at least in part for their valuable legal services. NO ATTORNEY CLIENT PRIVILEGE is created by this or any other response by Attorney Rafter on Avvo.

What can a civil rights lawyer do for You?

 · Attorney Andrew Shubin will fight to redress the constitutional rights that have been denied to you. Call (814) 826-3586 for more information or to schedule a free consultation. Common Misconceptions About Constitutional Law

Are law enforcement officers trained to protect your constitutional rights?

If your legal issue involves things like First Amendment rights -- such as freedom of speech, press, and religion -- or privacy rights or due process right, a constitutional law lawyer may be able to help. Use FindLaw to hire a local constitutional law lawyer to assist you with your individual rights issue or help you understand how ...

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What is a violation of my constitutional rights?

Constitutional rights violations can take a variety of forms, ranging from retaliating against you for expressing your First Amendment right to free speech, to arresting you without possessing probable cause to believe you have committed a crime, or even arbitrarily depriving you of your Fourteenth Amendment right to ...

Can you sue for Constitution?

A Section 1983 lawsuit is the right way to sue an official who works for a state or local government, and a Bivens claim is the way someone can pursue a federal official when that official has violated the person's constitutional rights.

Who enforces constitutional rights?

The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. 82 Stat. 73, 18 U.S.C. § 245.

Can you sue if you just believe someone has violated your constitutional rights?

Elements for Establishing a Claim United States law allows an individual who believes that his or her constitutional rights have been violated to bring a civil action against the government to recover the damages sustained as a result of that violation.

What is a constitutional claim?

Constitutional claim means a person's assertion of a right or interest established by the Constitution.

What is a Title 42 lawsuit?

Texas Attorney General Ken Paxton filed a lawsuit against the Biden administration on Friday to halt the Centers for Disease Control and Prevention from lifting Title 42, a pandemic-era health order used by federal immigration officials to expel migrants, including asylum-seekers, at the U.S.-Mexico border.

What are 4 due process rights?

The Supreme Court of the United States interprets the clauses as providing four protections: procedural due process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.

How can the 14th Amendment be violated?

1972Due Process Violated By Unclear State Law In Rabe v. Washington , the U.S. Supreme Court rules that the due process clause of the 14th Amendment (which guarantees the right to a fair hearing that follows the rules) is violated when a state law fails to explain exactly what conduct is prohibited.

What does the 14th Amendment to the Constitution say?

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Can constitutional rights be taken away?

Each state's constitution also outlines rights for its citizens. If a state constitutional right conflicts with a U.S. Constitutional right, the U.S. right prevails. The state constitutions can add rights, but they can't take away any U.S. Constitutional rights.

What are examples of civil rights violations?

Some examples of civil rights violations include:Unreasonable searches and seizures.Cruel and unusual punishment.Losing a job or being passed over for a promotion due to discrimination.Abuse by a public official.Any discrimination based on a superficial quality or belief.

What do we do when your freedoms have been violated?

If your First Amendment rights have been violated, you should contact a civil rights attorney. A civil rights lawyer can help you if you've been mistreated based on characteristics such as race, religion, gender or disability.

What to do if your rights are violated?

If you are faced with an issue in which your constitutional rights that have been violated, it is essential to hire a skilled government lawyer. Since constitutional law is very complex and you have the burden to challenge the law, an experienced constitutional law attorney will carefully analyze the rights that may have been violated and decide the strength of your case.

What is constitutional law?

Constitutional law covers a broad area of cases, which can be very complex. Constitutional claims can involve issues such as: Police wrongdoing. The government passing laws that conflict with individual rights. An employer discriminating against an employee.

Which amendment protects freedom of speech?

Some important constitutional rights are: 1st Amendment: The first amendment protects a person’s freedom of speech, freedom of religion, freedom of assembly, right to vote, etc.

What are civil liberties?

These civil liberties determine what a person is free to do and what the government is prohibited from doing. Constitutional rights basically are rights that protect people from unfair and unconstitutional treatment by the state or federal government. Constitutional law covers a broad area of cases, which can be very complex.

What are the rights of the 6th amendment?

6th Amendment rights: These include the right to a speedy trial, the right to an impartial jury, the right to assistance of counsel, the right to confront witnesses (cross-examine them at trial), and the right to told of the charges brought against you in a criminal proceeding.

Which amendment protects individuals from illegal search and seizure by law enforcement without a warrant?

4th Amendment rights: Protects individuals from illegal search and seizure by law enforcement without a proper warrant or a warrantless exception.

Which amendment covers the rights of a person who is subject to excessive bail?

8th Amendment rights: These cover rights involving excessive bail and cruel and unusual punishment in a criminal proceeding.

2 attorney answers

Solicitations are not allowed here. You can call Constitutional lawyers in your area (try Google or the Find a Lawyer tab at the top of this page) and ask them to consider taking up your case. The lawyers will expect to be paid up-front at least in part for their valuable legal services.

Rixon Charles Rafter III

Did you get a polio shot when you were a kid? Do you ever take an aspirin for a headache? Would you refuse a blood transfusion to save your life? Jehovah Witnesses don't.

Which amendment protects the right to assemble?

The First Amendment of the United States Constitution prohibits governmental institutions from making laws that can impact or constrain the free exercise of religion, free speech, freedom to associate commonly known as the right to assemble or petition the government for a redress of grievances. The Fourteenth Amendment requires states to honor and protect the constitutional rights guaranteed under the US Constitution.

What was the successful defense of a journalist on First Amendment grounds?

Successful defense of a journalist on First Amendment grounds when the journalist was criminally prosecuted for photographing a student riot. Secured dismissal of criminal charges against 16 activists conducting peaceful protest during presidential visit.

What is the most common misconception in civil rights violations of criminal defendants?

The most common misconception in civil rights violations of criminal defendants is that law enforcement officials are trained and will protect your constitutional rights. Attorney Andrew Shubin has seen first-hand that this is not always the case.

What to do if you have been denied a service?

If you have been denied a service or the right to express your ideas on campus or found your privacy breached, the Law Firm of Andrew Shubin Law can work with you. Attorney Andrew Shubin will fight to redress the constitutional rights that have been denied to you. Call (814) 826-3586 for more information or to schedule a free consultation.

What are civil rights violations?

Our work representing victims of civil rights violations in criminal cases includes: 1 Successful defense of a journalist on First Amendment grounds when the journalist was criminally prosecuted for photographing a student riot. 2 Secured dismissal of criminal charges against 16 activists conducting peaceful protest during presidential visit. 3 A 26-year sentence reduction in a federal criminal case by uncovering police and prosecutorial misconduct. 4 Prosecuted a First Amendment prisoner’s rights claim before the U.S. Supreme Court. 5 Fought against mandatory minimum sentencing before the Pennsylvania Supreme Court. 6 Dismissal of evidence against a defendant that was the fruits of an illegal search by demonstrating that police officers falsified information to secure a warrant. 7 Secured monetary damages for an inmate’s family after suing county prison for civil rights violation resulting in a suicide.

What case did the Supreme Court rule that businesses cannot deny equal access to goods and services?

More recent decisions continue to demonstrate that there is much work needed to redress constitutional violations. In Masterpiece Cakeshop v. Colorado Civil Rights Commission, the US Supreme Court reaffirmed that business owners cannot deny equal access to goods and services. In that particular case, a small cake shop owner invoked religious freedom as a justification to discriminate.

What cases did the Supreme Court rule in 2018?

In 2018, the US Supreme Court issued decisions on cases related to a baker, labor unions, cell phone companies, internet retailers, a political party, an athletic association and others. Another misconception is that constitutional violations don’t happen anymore. The recent decision of Obergefell v.

Litigating High Stakes Civil and Constitutional Rights Cases

With more than 150 years of collective legal experience, the attorneys at TLG have built a strong reputation for successfully litigating complex and high-stakes civil and constitutional rights cases.

In-Depth Understanding of the Law

At Tucker Law Group, LLC our lawyers have a deep understanding of the complicated legal issues that so often arise in civil and constitutional rights cases.

Trusted and Experienced Trial Attorneys Focused on Results

At Tucker Law Group, LLC we focus on “Making Results Happen”. Whether we are defending a police officer accused of misconduct, or representing a victim of employment discrimination, we know just how much is at stake in these types of situations.

What are the rights of the United States?

The right to be free from excessive force, the right to be free from unreasonable searches and seizures, and the right to be free from cruel and unusual punishment are fundamental rights protected ...

What are the rights of police officers?

The right to be free from excessive force, the right to be free from unreasonable searches and seizures, and the right to be free from cruel and unusual punishment are fundamental rights protected by law. Less than lethal force can also cause catastrophic, life altering injuries. Any use of excessive force by a police officer is violation ...

What are the rights of Morgan and Morgan?

The right to be free from excessive force, the right to be free from unreasonable searches and seizures, and the right to be free from cruel and unusual punishment are fundamental rights protected by law. Violations of these rights are litigated by Morgan & Morgan’s civil rights group.

Is excessive force a violation of civil rights?

Less than lethal force can also cause catastrophic, life altering injuries. Any use of excessive force by a police officer is violation of the victims civil rights regardless of the type of force used. There is no excuse for police officers acting with excessive force, and offending officers should be held accountable for unlawful actions.

Is sexual contact between inmates and staff illegal?

It should be noted that any sexual contact between inmates and staff is unlawful, as determined by the National Prison Rape Elimination Commission (NPREC). The commission was established after the Prison Rape Elimination Act of 2003 was passed in order to establish guidelines for the act.

Can a person who violates civil rights have the right to sue?

No. Although different laws can apply in different jurisdictions and situations, the simple truth is that anyone using the power given to them – by any level of government – to violate the civil rights of a person is breaking the law. And the person harmed by that violation may have the right to sue for compensation.

Can not acting lead to civil rights violations?

Another instance where not acting can lead to a civil rights violation involves jail suicides. Suicide is the third-leading cause of death in U.S. prisons and jails, and has increased sharply in recent years, according to a Washington Post report.

What is civil rights law?

Civil rights law is the practice area of attorneys who advise individuals, businesses, and governmental entities about legal matters touching upon civil rights . Civil rights laws are varied, complex, and constantly evolving. Civil rights laws cover the diverse assortment of rights and freedoms recognized and guaranteed every United States citizen and resident by federal, state, and local laws and constitutions. For instance, citizens and residents have freedoms associated with their speech, assembly, association, and the right to practice a religion of their choice; to their life, liberty, and personal privacy; and to equal access to a public education, to the courts, to public facilities, services, and housing; equal and fair treatment by law enforcement and the courts; as well as the right to vote. The various civil rights include not only freedoms, but also the right to be free from discrimination in the availability and exercise of those freedoms.

Is it illegal to discriminate on the basis of race?

The civil rights laws make it illegal to discriminate on the basis of one’s membership in a protected class. One may not discriminate or adversely impact another on the basis of race, color, religion, gender, age, disability, or national origin.

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