Was my bad experience with law enforcement a violation of my constitutionally protected rights?
Curious to know if you have a civil rights case? Here’s are the basics. This is not intended as legal advice, but they can be used as guidelines to understand civil rights cases if you are looking for a civil rights lawyer in Utah.
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
The United States Constitution provides the framework that enumerates and protects our rights. It is also at the core of the civil rights work we do at Sykes McAllister Law Offices.
When a person's constitutional rights have been violated, they may be able to take legal action in the form of a civil rights lawsuit. In order to successfully pursue a civil rights case, you must meet the criteria of a civil rights violation and provide evidence that the violation happened and caused damage.
If successful, you may be able to recover damages as well as injunctive relief such as court orders to stop the violation of their rights. If you encounter police misconduct in Utah, Sykes McAllister is here for you.
How do I know if I have a civil rights case?
Generally speaking, civil rights cases have the following three things in common:
You were “deprived” of a right guaranteed by the U.S. Constitution or Utah State Constitution;
A government agency, employee or entity violated your rights; AND
The government actor can’t claim immunity (such as qualified immunity).
It is important to consult with a civil rights lawyer in Utah to determine if you have a viable case. Although a right may have been violated or you experienced police misconduct, a civil rights attorney will be able to review your situation and advise you on whether you have a claim that can be pursued. Additionally, a civil rights lawyer in Utah can help you understand your legal rights and give you a realistic idea on the potential remedies available to you.
What does Utah law say about civil rights cases?
According to Utah Code Annotated §78B-3-307(4), claims for a violation of your state or federal constitutional rights can typically be filed up to four years from the date of injury. This is called the “statute of limitations.”
However, some related non-constitutional state law claims against a government agency, employee, or entity may be barred unless notice of the claim is with the correct person within one year of the date the damages occurred. (See U.C.A. §63G-7-402.) You must then file the action for those claims in State Court within two years from the date the claim arises, which is typically the date you were injured. (See U.C.A. §63G-7-403(2)(b).)
What does this mean?
Due to the potentially short time period, you have to file a lawsuit, call to speak to an attorney as soon as you are aware that you have been damaged by a government actor violating your constitutional rights.
What can I expect when I sue for civil rights?
Contrary to popular belief, lawsuits don’t exist to get people rich or make them an easy buck. Often, it takes a long time, but with the right lawyer, you know you’re in good hands.
When you work with a civil rights lawyer in Utah, you can expect to go through a process similar to the following:
You meet with an attorney to discuss the details of your case. They will want to know when and where it happened, who was involved, and what kind of evidence is available to you.
The investigation phase. If an attorney believes you may have a case, they will start gathering evidence and information to build the case. This is done by gathering police reports, photos, videos and whatever is available. Your attorney may also conduct interviews as part of the investigation.
Pre-litigation. Your lawyer will first look to see if they can settle your case out of court. If the case cannot be settled, they might advise you to file a complaint.
Filing the lawsuit. Once all the evidence is collected, if your attorney believes you have a case, they will file a complaint with the court. The relevant parties will also be served a copy of the filing.
Litigation. After a case is filed, formal discovery will be conducted. This may include written disclosure of witnesses and evidence, written requests for documents or information, and depositions. If your case is unable to be resolved during the discovery process, you will need to go to trial. During the trial, your attorney will present your case to the court, and a jury will make a determination on the case.
The appeals process. Sometimes the court will rule against you. In that case, your attorney will want to take another look at the ruling and decide if there is a way to appeal it to a higher court.
Do police officers have immunity from civil rights lawsuits in Utah?
In some cases, police officers and other government employees and agencies have immunity from lawsuits for police misconduct. One notable example is law enforcement having “qualified immunity.” Because of this and a potentially short statute of limitations, it’s important to talk to an attorney right away to see if you have a viable case.
What should I do when I or a family member experiences a civil rights violation?
Having your civil rights violated or losing a loved one to police brutality or a prison death can be tragic and disorienting. If this happens to you, here are the steps you should take:
Keep a cool head. You may be feeling strong emotions, and this is normal. Avoid making threats to sue, plotting revenge or posting to social media about it. This can make your case harder to litigate.
Gather evidence. Gather police records, body cam footage, medical records, etc. If you were physically harmed in any way, get medical attention immediately.
Call a civil rights lawyer in Utah. Use our contact information or go through the Utah State Bar directory and call an attorney. Someone will take down your information and put you in contact with a lawyer.
How do I find a civil rights lawyer in Utah to handle my case?
If you believe you have a civil rights case, the first step is to contact a civil rights lawyer in Utah as soon as possible. They will be able to review your situation, determine if you have a valid claim, and advise you on the potential remedies available.
A successful civil rights case requires evidence, hard work and determination, but it’s satisfying to know that you held government actors accountable and protected the community’s constitutional rights.