LOS ANGELES CIVIL RIGHTS ATTORNEY
Constitutional rights play a prominent role in criminal defense casework.  Criminal defendants' Fourth and Fifth Amendment rights are frequently at issue and can play a major role in the outcome of a case.  Quite often, though, law enforcement officers will violate Constitutional rights of the innocent.  When an unlawful search yields contraband, that evidence will be thrown out and the officer is deterred from conducting unlawful searches because of this exclusionary rule.  But what about when an unlawful search (or other violation of civil rights) doesn't end in criminal charges?  Those cases don't go to court and the rights violations go unaddressed. 

Well, that is largely true.  Police frequently violate people's civil rights, but don't find what they're looking for.  They do not write up police reports and the DA never files charges.  So a judge never becomes aware of the violation.  This is where complaints and civil rights litigation begin.

Two of the biggest obstacles facing civil rights plaintiffs are proving quantifiable damages and dealing with governmental immunity from suit.  If someone is unlawfully searched, interrogated or detained, they may not suffer the kind of injury for which a law suit can be filed.  Additionally, lawsuits against government entities must overcome significant obstacles, including shorter statutes of limitations, caps on damages and more.

POLICE VIOLENCE
Perhaps the most common form of civil rights lawsuit is against law enforcement agencies for use of excessive force or wrongful death.  Many instances of police violence, even those resulting in death, go unaddressed by internal affairs, and fewer yet result in any criminal charges.  Still, there is an opportunity for justice, and that is in the filing of a civil rights lawsuit.  With more and more instances of police violence being captured on camera, the opportunity for justice to prevail is greater than it ever has been. 

UNLAWFUL ARREST
Being arrested unlawfully can also provide grounds for a civil rights lawsuit.  Often paired with injuries due to police brutality, an unlawful arrest can result in serious consequences for people, including loss of employment, defamation and more. 

PROSECUTOR AND JUDICIAL MISCONDUCT
A wrongful conviction resulting from a judge or prosecutor abusing their authority, hiding or destroying evidence and more can be grounds for civil rights litigation.  Instances of prosecutor misconduct have been uncovered recently in Orange County, where the District Attorney's office has come under intense scrutiny for several instances of falsifying and hiding evidence.  People are wrongfully convicted at an alarming rate, and something must be done to deter this unethical conduct.

When a rights violation is severe and the plaintiff can show an actual injury, it is possible to get compensation.  Consult with a civil rights attorney to discuss a potential claim.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar