Lawsuits for Civil Rights Violations and Discrimination
If you believe you have been the victim of a civil rightsviolation, you most likely have the option of filing a lawsuit against thoseresponsible for any harm suffered as a result. Following are a few things toconsider before filing a lawsuit for a civil rights violation -- including therequirement that you file a government claim before filing a lawsuit in sometypes of cases, the choice of where to file (federal or state court), and whatto expect in a lawsuit.
Before Filing aLawsuit: Do You Need to File a Government Claim?
For certain types of discrimination and civil rightsviolation allegations, you MUST file a claim or complaint with a federal orstate agency BEFORE you file any private lawsuit in court, and these agenciestypically set strict time limits for claim filing. For example, for allegationsinvolving almost all types of employment discrimination, the charging party(i.e. an employee alleging discrimination) must file a complaint with the EqualEmployment Opportunity Commission (EEOC) beforefiling any private lawsuit, and must do so within 180 days of the allegedoffense. Only after receiving permission from the EEOC may individuals file alawsuit. This permissiontypically comes in the form of a "right to sue" letter issued by the EEOC,usually only after the EEOC has found sufficient evidence that a civil rightsviolation has occurred.
State agencies may also investigate a complaint for civilrights violations or discrimination, and may work alongside (or in place of) afederal agency. For example, employees who allege job discrimination in California may file acomplaint with the California Department of Fair Employment and Housing. Aspart of its standard procedure, that state agency will usually send thecomplaint to the EEOC at the federal level, so that it becomes a "dual filing."
An experienced
Lawsuits in Federal andState Court
Once you decide to file a lawsuit for a civil rightsviolation, one of your first considerations will be where to file: in federalor state court. Depending on the specifics of your case, the choice may beyours, or your options may be dictated by a statute. For example, a federalstatute (
Learn more about federal and state court:
State Court Systems
The Federal Court System
What to Expect in aLawsuit
A lawsuit for a civil rights violation will be filed and handled in civilcourt (federal or state civil court, as discussed above). In a civil case, theperson claiming a civil rights violation (the "plaintiff") files a "complaint"with the court. The complaint sets out certain facts and allegations, in anattempt to show that the opposing party (the "defendant(s)") is/are responsiblefor the civil rights violations alleged in the complaint, and for any harmsuffered by the plaintiff as a result. Ultimately, if the civil rights casegoes to trial, the plaintiff must prove by a "preponderance of the evidence" (that it ismore likely than not) that the defendant is legally responsible for thedamages alleged by the plaintiff.
Acomplete civil case typically consists of the following main phases:
- Starting the Case: Initial Court Papers
- Fact-Finding and Discovery
- Resolution Before Trial: Court Motions
- Resolution Before Trial: Settlement / Alternative Dispute Resolution
- Trial and Verdict
- After a Judgment: Collecting Money
- Appeals
Learn more about lawsuits:
- Civil Court Cases
Lawsuits: A Practical Guide
Lawsuits for CivilRights Violations: Getting an Attorney's Help
If you believe you have suffered a civil rights violation,the best place to start is to speak with an experienced