Information About Civil Rights
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The following is intended merely as a brief introduction to one of the most complex, politically explosive and yet socially profound areas of the law. The information herein is not intended to supplant the recomendations and sound legal advice of an attorney who is acquainted with the particulars of any one case.
A Civil Rights action involves a plethora of torts or lawsuits to protects the rights of individuals or entities by way of either the 13th and 14th Amendment of the United States Constitution, case law and certain statutes such as Title 42, section 1981 (Equal Rights under the law), the Civil Rights Act of 1964, Title VI of the Civil Rights Act and state laws.
In addition, other portions of the United States Constitution have been enacted and interpreted to impact upon civil rights with respect to the area of free speech or the freedom of expression from government interference.
Article V of the United States Constitution states, in relevant part herein, that:
"No person shall be...subject to the same offense
to be twice put in jeopardy of life and limb;
nor shall be compelled in any criminal case to
be a witness against himself, nor be deprived of
life, liberty, or property, without due process
of law; nor shall private property be taken for
public use without just compensation."
and the relevant portion of Artice XIV of the United States Constitution
states:
"..nor shall any State deprive any person of life,
liberty, or property, without due process of law;
nor deny to any person within its jurisdiction
the equal protection of the laws."
As an example, the type of cases handled in this area of the law involve:
- Employment discrimination based on race, age, gender,
ethnic origin, religion, military service, etc.
- Limitations on the freedom of expression (such as the
press, radio, media).
- Violation of proedural due process, i.e., denial of rights
a hearing, of being informed as to what the charges are,
and similar deprivation of constitutional protections.
- The right to vote.
- Equality in public places.
- Discrimination in fair lending, housing, mortgages.
- Discrimination in hiring and firing.
- Matters involving excessive use of force by law
enforcement officers.
- Illegal search and seizure.
- Unlawful arrest and detention without a warrant
or arraignment.
- Illegal arrest and assault without cause.
- False imprisonment.
In many circumstances, there is no clear definition as to when an illegal discrimination has occurred. The equal protection of the law does not state that individuals are actually equal as between them but that the application of the law will be viewed with great circumspection so that the very application of the law itself is equally applied. The various criteria by which the Supreme Court or other courts would view the validity of a certain allegation of illegally discriminatory conduct or omissions is:
a). A strict scrutiny review/determination is the conduct is based on race, alienage or national origin and the discrimination will only be permitted if the state proves there exists a compelling interest in state law so that the apparently discriminatory discrimination is necessary to further such a compelling state interest. The same test will apply with matters relating to issues relating to first amendment rights, rights to privacy, etc.
b) If the classification or discrimination is not a fundamental right or suspect class, then the court's method of review will usually follow the traditional of permitting the classification if ti has a rational basis for promoting a legitimate state purpose.
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