Civil Rights
No one should be mistreated by law enforcement — the very part of our government meant to protect us.
Every American citizen has specific rights and protections afforded by the U.S. Constitution. Unfortunately, wrongful police shootings or law enforcement excessive force has become far too common. Wrongful convictions and resulting prolonged incarcerations — even death sentences — happen all the time. It is not right, but there is something you can do.
At Edwards Beightol, our lawyers are committed to holding the government accountable when it denies individuals these rights. We represent people who have been victims of police misconduct, prosecutorial abuse or rights violations in jails and prisons. Our essential rights belong to each American, and should never be abandoned in favor of prejudices or abuses of power. Edwards Beightol is dedicated to defending these constitutional rights.
Do you have a civil rights claim?
Civil rights claims can fall into many different categories. Some, but not all, of those categories are listed below.
Police shooting
Police brutality
Excessive force
Mistreatment while in police custody
Wrongful arrest and imprisonment
Wrongful conviction
Prosecutorial misconduct
Racial profiling
Lack of proper care or treatment in the prison system
Cruel & unusual punishment by in custody
Denial of basic needs in prison or jail
What damages can you claim?
It depends on the state what damages you may claim.
When you or a family member has been injured or killed by the misconduct of law enforcement, you may have a civil rights claim. While the law cannot undo the injury or bring back your loved one, it may provide monetary compensation for you or your family. While it depends on the state, in general, you or your family may have claims for the following under the law.
PERSONAL INJURY DAMAGES
For those who have suffered physical or emotional injuries because of the misconduct of law enforcement, the law may permit you to recover past and future medical expenses and lost wages as well as amounts for physical and mental pain and suffering, loss of a body part or use of a body part, permanency, scars and disfigurement. If you or your loved one was married at your time of injury, your or their spouse may be able to recover losses, including their lost services, society, affection, companionship and sexual relations.
WRONGFUL DEATH DAMAGES
If your family member was killed by the misconduct of law enforcement, the law may permit recovery for medical expenses, funeral expenses, physical and emotional pain and suffering and the loss of the value of the life. Depending on the state, the value of the life may be measured from the perspective of the person who died or the family that lost the person who died. In North Carolina, wrongful death damages are measured by the loss to the person’s next of kin, including loss of society, companionship, advice and kindly offices, as well as lost future wages and the value of the decedent’s support for his or her next of kin.
What do you need for a successful claim?
In order to make a successful civil rights claim, you must prove three things: (1) reckless indifference (or, sometimes, negligence or malice) by a person, (2) who acted under color of law, that (3) resulted in injury or death. In other words, someone within the government (often a law enforcement officer, prison guard or prosecutor) must have done something wrong and that something wrong must have caused injury or death.
Why contact an attorney immediately?
It is important that you contact an attorney immediately if you believe you may have a civil rights claim. There are deadlines within which claims must be filed or the right to file them is lost forever. Evidence can also disappear if you do not have an attorney to help you preserve it. For these reasons, contact an attorney today to review your claim. Waiting even one day can be the difference between having a claim that you can pursue and being barred from pursuing that very same claim.