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As a United States citizen, you are granted certain civil rights and privileges that are protected under the Constitution and other federal laws. Importantly, you still hold these rights upon encountering a law enforcement officer or upon being sent to a correctional facility. So, if your civil rights are being threatened, you must continue reading and contact an experienced Oklahoma City civil rights lawyer from The Jones Firm, PLLC to learn how to fight back.
It is an unfortunate truth that, despite the progress that this country has made, civil rights violations still occur far too often in and around Oklahoma City. Rest assured, our firm is knowledgeable on liberties that you are entitled to within the Constitution and other federal laws. And we will do everything in our power to make the party who violated your rights liable for damages in a court of law.
You must understand that federal law prohibits law enforcement officers from interfering with your civil rights in any way. According to the United States Commission on Civil Rights, examples of this are as follows:
With that being said, you may have been made a victim of police misconduct if any of the following circumstances apply:
Ultimately, any of the above instances of police misconduct may constitute litigation.
Even if you have been incarcerated, you must understand that you still maintain basic rights. Examples of civil rights you hold while in prison or jail are as follows:
And so, if you are deprived of any of the aforementioned rights, you may need to enter prison and jail litigation with a seasoned Oklahoma City civil rights lawyer.
Civil rights cases are often complex, not just emotionally, but legally. To successfully bring a civil rights claim in Oklahoma, it’s not enough to simply feel that your rights were violated. You must be able to prove certain legal elements in court, supported by concrete evidence.
Generally speaking, most civil rights claims are brought under Section 1983 of the U.S. Code, which allows individuals to sue state or local officials who, acting “under color of law,” violated their federally protected rights. So, what exactly does that mean?
First, you’ll need to show that the person or entity who harmed you was acting in an official capacity. For example, a police officer making an arrest or a correctional officer supervising inmates is typically considered to be acting under color of law. If the individual was off-duty and acting in a purely personal capacity, your claim might not apply.
Next, you must prove that a specific constitutional or statutory right was violated. This could be your Fourth Amendment right to be free from excessive force, your Eighth Amendment right to be free from cruel and unusual punishment, or your First Amendment right to freedom of speech or religion, among others. It’s not enough that the officer acted unreasonably; you must link their actions to a clearly established right that was infringed.
Finally, your case must be backed by evidence. This can include eyewitness testimony, video footage, medical records, written reports, or even internal communications from the agency involved. These materials help us demonstrate what happened, how your rights were violated, and the harm you suffered as a result.
At The Jones Firm, PLLC, we know exactly what kind of proof courts are looking for, and we will work diligently to gather the strongest evidence possible to build your case.
If your civil rights have been violated, you may be entitled to meaningful compensation for the harm you endured. These are not just symbolic awards; civil rights lawsuits can result in real financial recovery that helps you move forward from what you’ve been through.
In many cases, victims can pursue compensatory damages. These are designed to make you “whole” again, by covering both economic and non-economic losses. Economic damages can include things like lost wages, medical expenses, or future treatment costs. Non-economic damages might cover the emotional pain and suffering you experienced, such as trauma, fear, humiliation, or mental anguish.
Depending on the nature of the misconduct, you may also be eligible for punitive damages. These are meant to punish the wrongdoer for especially egregious or reckless behavior, such as a police officer who used unnecessary deadly force, or a jail official who knowingly withheld medical care. While punitive damages are not awarded in every case, they can significantly increase the value of your claim and send a strong message that this kind of misconduct will not be tolerated.
In addition, successful plaintiffs in Section 1983 cases may be able to recover attorney’s fees and court costs. This means you won’t have to bear the financial burden of seeking justice on your own.
Each case is different, and the exact amount of compensation available will depend on the facts of your situation. But rest assured, if your rights were violated, The Jones Firm, PLLC will fight for every dollar you’re legally entitled to under the law.
If you believe your civil rights have been violated, it’s imperative that you act sooner, rather than later. This is because, under the Oklahoma Government Tort Claims Act, those who’ve had their rights violated will only have one year to file a lawsuit. Waiting any longer than one year from the date your rights were violated will likely result in you being permanently barred from suing.
Ron Jones is a member of the National Police Accountability Project, “NPAP.” The central mission of NPAP is to promote the accountability of law enforcement officers and their employers for violations of the Constitution and the laws of the United States. NPAP provides Ron with a network of attorneys to collaborate with on cases of police misconduct, ensuring the best possible representation for our clients.
If your civil rights have been violated, The Jones Firm, PLLC is ready and willing to fight on your behalf, so contact us today to get started on your defense today.
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