New Jersey and Federal Civil Rights Lawyers
If you or someone you know has been the victim of misconduct by local, state or federal law enforcement, you may have a Civil Rights claim. The attorneys at Begelman & Orlow can handle your Civil Rights claim in state and federal courts.
While police and law enforcement officials have broad discretion when it comes to carrying out their duties, there are limits. Claims can be brought for abuses and misconduct – or any wilful governmental action that violates someone’s Constitutional or Federal Statutory Rights.
Types of Claims – Some common Civil Rights claims include
- False Convictions because of bad evidence
- False Arrest
- False Imprisonment
- Malicious Prosecution
- Lack of proper medical care
- Actual physical harm – assault
- Unjustified strip search
- Government didn’t share exculpatory evidence – evidence that would help the defense
- Planting evidence
- Prison overcrowding
- Prison dog attacks
- Illegal searches
- Racial profiling
- Improper prison classification – placing a non-violent criminal in the cell of a violent criminal and having the violent criminal assault the non-violent criminal
- Failure to intervene – another office can’t stand by and watch one officer commit a Civil Rights Violation. The observing office should try to stop the other office
Notable Achievements in Civil Rights Cases by Begelman & Orlow
- Our office was lead attorney on the Camden, New Jersey Police Civil Rights Case that settled for over 90 million dollars
- We are currently lead counsel on the Vineland, New Jersey Police Civil Rights Cases representing 12 of our own clients.
- We have represented Civil Rights cases against the United States Marshals as well as other government agencies.
Who are the typical Civil RIghts Defendants – who gets sued?
- Local, State or Federal governments
- Any entity acting on behalf of the local, state or federal government under color of state or federal law.
- Some examples are the local, state or federal police and correctional facilities.
- Prosecutors and District Attorney’s Offices can also be sued.
Which laws apply
- New Jersey Law against Discrimination – Discrimination and Civil Rights abuses are handled through the New Jersey (NJ) Division of Civil Rights
- Federal Civil Rights Law – The Civil Rights Act was created in 1871. It is now codified in Section 1983 of Title 42 of the United States Code. The basics for showing a Civil RIghts violation are:
- An act under “Color of state or federal law”
- A Constitutional, Federal or state right or law was violated.
- The act was done wilfully
- Compensatory – These damages are meant to make the victim whole – to place him/her in the position he/she was before the wrong. Reimbursement for medical bills is a common example of compensatory damages.
- Punitive Damages – These damages, paid to the claimant, are meant to punish the wrongdoer to make sure he doesn’t do the wrong anymore and to discourage anybody else from doing a similar wrong
- Attorney’s Fees – If you win, you may be entitled to reasonable attorney’s fee.
How we can help
The circumstances of each case are different. It’s best to consult with a Civil Rights law, such as Begelman & Orlow
- We know the legal terms. One of the key factors is whether the police officer had probable cause to arrest or to conduct a search. We know what probable cause means and when the police should have gotten a warrant.
- We can determine which Constitutional or statutory right was violated. Violations often involve the Fourteenth Amendment’s law … and the Fourth Amendment law on reasonable search and seizures. Civil Rights violations include civil and criminal wrongs.
- We know where and how to bring your claim – state or federal court.
- We know what type of evidence you will need to have a chance to win your case.
- We know the time limits – Often a Notice of Claim against a governmental body has to filed within 90 days of the wrong.
- We can analyze whether governmental immunity applies – was the wrongdoer just negligent (doing his job unreasonably) or was he acting wilfully.
Contact Begelman & Orlow, P. C.
If you want to discuss your potential legal claims with an experienced New Jersey or Federal Civil Rights Attorney, contact us today for a free initial consultation. If you’ve been treated wrongfully because of law enforcement misconduct of if you’ve discriminated against by an employer, contact us today for a free initial consultation. From our offices in Cherry Hill, New Jersey, and Conshohocken, Pennsylvania, we represent clients pursuing Civil Rights throughout the country.