Can I sue whenever someone interferes with one of my civil rights?

UPDATED: Jul 12, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 12, 2023

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UPDATED: Jul 12, 2023Fact Checked

You generally won’t be successful in a lawsuit against a private individual for depriving you of your civil rights unless there is a Federal or state statute authorizing a suit against a private individual. For example, if you are trying to make a speech in someone’s house and the owner kicks you out, you cannot sue him for depriving you of your First Amendment right-to-free speech. Of course if the owner beats you up while getting you to stop, you may be able to sue the person for the intentional tort of battery.

As there are Federal and state statutes covering fields such as housing, employment, and public accommodations, you can sue to prevent private individuals from discriminating against you in those areas. The Bureau of Justice Statistics of the U.S. Justice Department reported in January, 2000 that civil rights complaints of all varieties more than doubled from 1990 to 1998, from 18,793 in 1990 (8.6 percent of the 217,879 total Federal civil cases filed that year) to 42,354, or 16.5 percent of all 256,787 new Federal civil cases filed in 1998. Private parties brought substantially all of the cases. There were only 672 Government-initiated civil rights lawsuits against a business, individual or government for alleged civil rights violations in 1998. Most of the growth in cases was due to the increase in employment cases between private parties.

You can also sue a government employee who deprives you of your civil rights while acting “under color of law”.

Case Studies: Interference with Civil Rights

Case Study 1: First Amendment Rights

In this case, an individual attempts to exercise their right to free speech by delivering a speech in someone’s private house. However, the owner of the house asks them to leave, effectively preventing them from speaking. The individual considers legal action against the homeowner, alleging a violation of their First Amendment right to free speech. They seek legal advice to determine if they have grounds to sue for the deprivation of their civil rights.

Case Study 2: Employment Discrimination

In this scenario, an individual experiences discrimination in the workplace based on protected characteristics, such as race, gender, or religion. They believe their civil rights have been violated and consider filing a lawsuit against their employer for employment discrimination. The individual seeks legal representation to assess the viability of their case and explore the potential for legal action.

Case Study 3: Government Employee Misconduct

In this case, an individual encounters misconduct from a government employee who acts under the color of law and deprives them of their civil rights. The individual believes their rights have been violated and consults with an attorney to evaluate the possibility of suing the government employee for their actions. They explore potential legal avenues to seek justice and hold employee accountable for the infringement of their civil rights.

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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