The essential factual elements of a federal civil rights action (42 U.S.C. § 1983) are: the plaintiff claims that the defendant violated [his/her] civil rights. To establish this claim, the plaintiff must prove all of the following: 1. That the defendant [intentionally/other applicable state of mind ] [wrongful act ]; 2. That the defendant was acting or purporting to act in the performance of [his/her] official duties; 3. That the defendant's conduct violated the plaintiff's right, e.g., “of privacy”; 4. That the plaintiff was harmed; and 5. That the defendant's [wrongful act ] was a substantial factor in causing the plaintiff's harm. (CACI 3000)
Civil rights violations may affect individuals differently based on race, gender, ethnicity, and socioeconomic status. Unfortunately, the officers committing the offenses may even be acting upon their own stereotypes or prejudices. Though the majority of police and other law enforcement officers work to protect citizens, there are some instances where police officers infringe upon the rights of individuals in the process of arrest or in other situations. Attorney Charles P. Charlton is dedicated to the pursuit of justice, and holding unruly and abusive law enforcement officials responsible for their actions. If you are a victim of any type of police misconduct, it is important to contact a lawyer immediately. You usually have only a limited number of days to file a claim against the police department or the government agency. Contact our offices to assert your rights against abusive and unlawful law enforcement officers. We have successfully handled the following:
The essential elements of excessive force (42 U.S.C. § 1983) are: 1. The plaintiff claims that the defendant used excessive force in arresting/detaining the plaintiff. To establish this claim, the plaintiff must prove all of the following: 1. That the defendant used force in arresting/detaining the plaintiff; 2. That the force used by the defendant was excessive; 3. That the defendant was acting or purporting to act in the performance of his/her official duties; 4. That the plaintiff was harmed; and 5. That the defendant's use of excessive force was a substantial factor in causing the plaintiff 's harm. (CACI 3001)
Police officers and prison guards are employed to protect us from harm, not to punish people. The law protects all citizens, including people accused or convicted of crimes, from violence at the hands of the police. Charles P. Charlton provides strong, aggressive representation to victims of police brutality throughout California. Mr. Charlton knows the laws concerning police brutality and prison guard abuse. If you are a victim of police brutality or prison guard abuse, it is important to contact a lawyer immediately. You may only have a limited number of days from the date of the incident to file a notice of claim against the police department or government agency to preserve your right to sue. Call Charles P. Charlton for a free consultation immediately at (310) 651- 9906.
While sheriffs and prison wardens cannot guarantee, an inmate's personal safety, inmates must be protected against injuries from: Negligent conditions (slip-and-falls, etc.); bus accidents while being transported or other types of accidents; inmate-on-inmate violence (if prison staff could have foreseen it and failed to prevent it); jailhouse and prison guards, participating in beatings; denial of proper medical attention to inmates in obvious need; ignoring information anticipating threats to an inmate's safety.
Personal injury lawsuits can be brought as state and federal claims, including actions under 1983 of the United States Code. The ultimate determination as to which remedies to pursue will be made after your first consultation with us, based on a number of factors such as backlog, on court calendars, the elements of proof required for each claim, and the likelihood of settlements. You must contact a lawyer immediately. You may only have a limited number of days from the date of the incident to file a notice of claim against the police department or government agency to preserve your right to sue.
"Civil rights” is a term used broadly in the news, the workplace, the government and even everyday conversation. Most United States citizens and residents probably know that they have civil rights, but knowing exactly what those rights are is not necessarily intuitive. If you suspect that your civil rights have been violated, contact Charles P. Charlton to discuss your situation. The Declaration of Independence, the U.S. Constitution and the Bill of Rights (the first 10 amendments to the Constitution) are key documents in our history of civil rights. The Constitution and its Amendments recognize and guarantee many of our civil rights. The most famous civil rights, perhaps, are the freedoms preserved by the First Amendment: Freedom of Religion, Freedom of Speech, Freedom of the Press, These fundamental rights provided many of the principles that guided the Founding Fathers in creating our modern federal government.
Many other civil rights are reserved by the people. These include the right to vote under the Constitution's 15th, 19th and 24th Amendments and the right to be free from unreasonable searches and seizures by the government under the Fourth Amendment. Civil rights encompass much more than racial and gender equality. The people have preserved their rights in ways that touch the daily life of everybody in the United States. Civil rights allow the citizens of the United States to think and believe and act without fear of oppression from the government. If you have questions regarding your civil rights, contact Charles P. Charlton for legal guidance at (310) 651-9906.