What to Expect in a Civil Rights Case: A Step-by-Step Legal Process
Civil rights cases are a crucial part of our nation’s growth and status as a free country. We have strong civil rights laws—but those laws are nothing if we do not enforce them. Lawsuits are one way of enforcing the law and ensuring that those who violate it are held accountable. At the Law Offices of Dale K. Galipo, we are committed to protecting clients from civil rights abuses and holding violators accountable.
Our law firm focuses our efforts on police misconduct cases and similar civil rights violations. We know that standing up to government agencies can be challenging, and the process of filing a lawsuit is frustrating. Attorney Dale K. Galipo has focused on civil rights cases involving police misconduct for more than 20 years, giving him the experience needed to handle complex civil rights cases affecting Americans today. Call us at 818-347-3333 to set up a time to talk about your case now.
Determining the Validity of Your Claim
The first step is talking with a civil rights lawyer who can help you determine the validity of your claim. If a police officer has violated your rights, you’ll talk with a police misconduct attorney who can look into what happened, and discuss whether or not your rights were upheld, and what potential damages you may have. Civil rights violations happen in a variety of settings, including workplaces, schools, and public areas. It’s helpful to talk to a lawyer as early as possible in the process—this ensures that you understand the strength of your case before investing too much time or effort in it.
Pursuing a Formal Complaint
Before beginning the lawsuit process, your attorney will file a claim with the agency in question. Under California Penal Code section 832.5, every law enforcement agency has a procedure for claim investigations. This is often ineffective in cases involving police misconduct, unfortunately. There’s a tendency for police departments to circle the wagons and deny claims of wrongdoing.
Should your claim be denied, your civil rights attorney can pursue your action by filing a lawsuit. If a claim has evidence to substantiate it, they will investigate it if other resources have been exhausted.
Filing a Lawsuit
When your claim against the agency has been denied or you have not received a response in a timely manner, your police misconduct law firm will move forward with a lawsuit. A civil lawsuit lays out what happened, how your rights were violated, the other party’s role in it, and your damages. For example, in the case of a police misconduct case, your lawyer may include damages related to physical injuries suffered during the interaction, mental trauma experienced, lingering physical damage, damage to your reputation, lost wages, and pain and suffering.
Court Preparation
The time between filing a lawsuit and actually going to court can be long and tedious. Legal claims against police officers and other public entities can be difficult to prove. The good news is that it is somewhat easier in California than in other states; under California law, police officers may be held responsible for injuries they cause in the same way that non-police officers would be held responsible. Your attorney, though, may not choose only to sue the police officer responsible. They may also want to sue the police department for failing to protect the public from police officers unable or unwilling to uphold residents’ civil rights.
During this process, people involved in the case will have to go through depositions, interrogatories, and other parts of the discovery process. This allows both sides to build up their cases.
Court
At any point in this process, both parties may decide to settle the claim outside court. Your attorney will present any offers they receive to you and give their professional recommendations. If no settlement offer is offered or accepted, your case will go to trial and both sides will present their case. Ultimately, the jury will decide for or against you. If they decide in your favor, they also determine how much money the other party must pay you.
Do You Have a Civil Rights Case? Let’s Talk
The team at the Law Offices of Dale K. Galipo can help you with your police misconduct claim. The only way to change the state of law enforcement is to hold them accountable—and we’re here to help. Discuss your case now by calling us at 818-347-3333 or contacting us online.
