Protecting Your Constitutional & Civil Rights: Areas of Practice
Every person deserves to be treated with dignity and to have their constitutional rights respected. When those rights are violated, we are here to fight for justice.
CASES WE HANDLE:
- Police Excessive Force: When law enforcement officers use more force than reasonably necessary to accomplish a lawful purpose, they violate your constitutional rights under the Fourth and Fourteenth Amendments. Excessive force cases can involve physical violence, improper use of weapons including tasers and firearms, or other unreasonable uses of power during arrests, traffic stops, or other police encounters.
- Unreasonable physical force during arrests or detentions
- Improper use of tasers, batons, or other weapons
- Excessive force during traffic stops
- Wrongful use of deadly force
- K-9 attacks without justification
- Sexual assault or misconduct by officers
Victims of police excessive force may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. These cases often involve Section 1983 claims under federal civil rights law, which allows individuals to sue government officials who violate their constitutional rights.
- Death or Injury in Custody: Individuals in police custody, jails, or prisons have constitutional rights that protect them from harm. When these rights are violated and result in serious injury or death, families and survivors may have grounds for legal action. These tragic cases often involve inadequate medical care, excessive force by correctional staff, unsafe conditions, or deliberate indifference to serious medical needs.
Common custody-related violations include:
- Failure to provide adequate medical care
- Suicide prevention failures
- Excessive force by jail or prison staff
- Dangerous or unsanitary conditions
- Denial of necessities like food, water, or shelter
- Deliberate indifference to known risks
- False Imprisonment and Wrongful Detention: False imprisonment occurs when someone is unlawfully restrained against their will without legal justification. In the law enforcement context, this can include arrests without probable cause, detentions that exceed reasonable limits, or holding someone beyond the time legally permitted. These violations can result in significant trauma and disruption to victims’ lives.
False imprisonment may occur when:
- Police make arrests without probable cause
- Individuals are detained longer than legally permissible
- People are held on invalid warrants
- Detention continues after charges are dropped or dismissed
- Immigration holds are placed on U.S. citizens or legal residents
Victims of false imprisonment may be entitled to damages for lost wages, emotional distress, damage to reputation, and other harm resulting from their unlawful detention.
- First Amendment Violations During Protests: The right to peaceful protest is fundamental to our democracy, protected by the First Amendment’s guarantees of free speech and assembly. Unfortunately, peaceful protesters sometimes face excessive force, wrongful arrests, or other violations of their constitutional rights. We represent individuals whose rights were violated while exercising their First Amendment freedoms.
Protest-related violations we handle:
- Excessive force against peaceful demonstrators
- Wrongful arrests of protesters exercising their constitutional rights
- Violations of permit requirements or assembly restrictions
- Discriminatory enforcement based on the message being conveyed
- Retaliation against protesters
- Improper use of crowd control weapons
These cases are crucial for preserving democratic rights and ensuring that law enforcement respects citizens’ constitutional freedoms, even during times of civil unrest or political tension. These cases require thorough investigation and often involve complex legal standards. We work with medical experts, corrections specialists, and other professionals to build strong cases that hold institutions accountable and seek justice for families who have lost loved ones.
Immigration Enforcement Violations
U.S. citizens and individuals with legal immigration status are sometimes wrongfully detained or arrested by Immigration and Customs Enforcement (ICE) agents or other federal authorities. These violations can be devastating, separating families and causing significant personal and financial harm to individuals who have every right to be in the United States.
ICE-related violations include:
- Wrongful detention of U.S. citizens
- Arrest of individuals with valid legal status
- Violations of due process rights
- Excessive detention periods
- Inadequate interpretation services
- Denial of access to counsel
- Unsafe or inhumane detention conditions
These cases often involve complex immigration law issues combined with constitutional rights violations. We work to secure immediate release when appropriate and seek damages for the harm caused by wrongful immigration enforcement actions.
Your Rights Matter
Civil rights violations can have lasting impacts on individuals, families, and communities. These cases not only seek compensation for victims but also work to prevent future violations by holding government officials and institutions accountable for their actions.
If you believe your civil rights have been violated in any of these areas, it’s important to act quickly. There are strict time limits for filing civil rights claims, and evidence can be lost if not preserved promptly. We offer confidential consultations to discuss your situation and explain your legal options.
Check out Gomez Trial Attorneys in the News!
NBC 7- Family of diabetic man who died in San Diego sheriff’s custody files lawsuit:
CBS 8- Family of diabetic man who died in San Diego Sheriff’s custody files lawsuit:
https://www.youtube.com/watch?v=TSn9MDqoR-w
Will Taxpayers Be Funding Yet Another In-Custody Jail Death?:
https://sdvoice.info/will-taxpayers-be-funding-yet-another-in-custody-jail-death/