When your constitutional rights are violated, the consequences can be devastating. Whether you have experienced police misconduct, unlawful detention, or discrimination by a government entity, you deserve justice and accountability.
Civil rights are the foundation of American law. When police officers, correctional staff, or government officials violate those rights, you need experienced legal guidance. At Breit Biniazan, our attorneys can help you understand your rights and guide you through the legal process to ensure you receive justice.
We represent clients across Virginia who have suffered harm from civil rights violations. Our award winning attorneys fight to protect your rights, pursue compensation, and hold those responsible accountable.
Holding Police and Government Entities Accountable
From unlawful arrests to abuse of power, civil rights violations often involve both individual officials and the institutions that enable misconduct. Our attorneys pursue claims against those responsible, including police officers, supervisors, municipalities, and state or local agencies.
Why Civil Rights Cases Require Experienced Trial Attorneys
Civil rights litigation is complex. These cases often involve federal and state law, detailed investigations, and sometimes qualified immunity defenses. Experienced trial attorneys are essential for gathering evidence, building strong cases, and ensuring victims have the best chance to secure fair compensation.
What Is a Civil Rights Violation?
Civil rights violations occur when government actors interfere with the rights guaranteed under the U.S. Constitution or federal law. Understanding what constitutes a violation is the first step in taking action.
Rights Protected Under the U.S. Constitution
The Constitution protects rights such as freedom from unlawful searches and seizures, equal protection under the law, and protection from excessive force. Violations of these rights can form the basis for a civil lawsuit.
Federal Civil Rights Laws (Including Section 1983 Claims)
Section 1983 of Title 42 of the United States Code allows individuals to sue government officials who violate constitutional rights while acting under “color of law.” These claims are commonly used in cases of police misconduct, excessive force, or unlawful detention.
When Government Conduct Crosses the Line
Government misconduct extends beyond law enforcement. Any state or local agency action that infringes on constitutional rights may be actionable, including discrimination, failure to provide adequate care, or unsafe conditions in public institutions.
Common Types of Civil Rights Violations in Virginia
Civil rights violations can occur in many different settings, from traffic stops and jails to government offices and public spaces. Understanding what these violations look like in real life helps individuals recognize when their constitutional rights have been crossed. Below are some of the most common civil rights cases our firm handles and how litigation helps hold those in power accountable.
Police Misconduct and Abuse of Power
Police officers are entrusted to protect the public, not misuse their authority. Abuse of power can take several forms, including:
- Excessive or unreasonable force during an arrest or interrogation.
- Police brutality, such as physical violence that goes beyond what is necessary to maintain control.
- Retaliation or harassment of individuals who question or record police conduct.
Litigation in these cases not only provides victims a path to justice but also pushes law enforcement agencies to reform their practices and improve accountability mechanisms.
Reckless Police Pursuits and State-Created Danger
While law enforcement officers have the authority to pursue suspects, that power is not absolute. A high-speed chase is one of the most dangerous actions an officer can take as it often involves multiple vehicles travelling at unsafe speeds in densely populated areas. When a high speed-chase is initiated for a minor offense or continues on in a reckless manner, it completely disregards safety protocols for other drivers, pedestrians, and other innocent people who may be caught in the middle.
Under the “state-created danger” doctrine, victims may have grounds for a civil rights claim under the Fourteenth Amendment’s Due Process Clause. These cases often include:
- Unjustified Initiation: Starting a high-speed pursuit over a non-violent misdemeanor or a minor traffic infraction in a high-traffic zone.
- Failure to Terminate: Continuing a chase after the risks to the public clearly outweigh the need for an immediate arrest.
- Violations of Department Policy: Ignoring established "no-chase" orders or safety maneuvers, signaling a systemic lack of supervision or training.
At Breit Biniazan, we know that litigation in these cases is about more than just physical and emotional compensation. By bringing these issues to light, it forces the offending department to update their pursuit policies and prioritize the safety of the community over apprehending non-violent offenders.
False Arrest and False Imprisonment
Every arrest must be supported by probable cause. When someone is detained without legal justification, their Fourth Amendment rights are violated. Common examples include:
- Arresting someone based on a mistaken identity.
- Detaining a person without a warrant or valid reason.
- Holding someone in custody after charges have been dropped.
Civil rights lawsuits in these situations seek to expose misconduct and ensure that constitutional safeguards against unlawful detention are enforced.
Illegal Searches and Seizures
The Fourth Amendment protects against government intrusion into a person’s private life and property. Violations can include:
- Unlawful traffic stops or vehicle searches without probable cause.
- Home searches conducted without a warrant or proper consent.
- Seizure of personal property by law enforcement without legal grounds.
Successful litigation can lead to suppression of unlawfully obtained evidence and compensatory damages for those whose privacy was violated.
Discrimination by Government Entities
Citizens have the right to equal treatment under the law. When government officials engage in discrimination, whether overtly or through policies that disproportionately harm certain groups, they violate that fundamental principle. Examples include:
- Denying services or benefits based on race, gender, religion, or disability.
- Disparate treatment in housing, education, or employment by public agencies.
- Retaliating against individuals who file discrimination complaints or speak out about inequality.
Litigation in these cases can result in monetary compensation and policy reforms that prevent future discriminatory conduct.
Eighth Amendment Violations
Even while incarcerated, individuals are protected from cruel and unusual punishment under the Eighth Amendment. Unfortunately, jails and prisons often fall short of meeting these basic constitutional standards. Common violations include:
- Unsafe or inhumane living conditions such as overcrowding, extreme temperatures, or lack of sanitation.
- Denial of necessary medical care, resulting in preventable injury, illness, or death.
- Excessive force or abuse by correctional officers, including physical assaults or prolonged use of restraints.
- Failure to protect incarcerated individuals from harm, such as neglecting threats of violence or assault.
Civil rights litigation plays a crucial role in holding correctional officers, wardens, and state agencies accountable when these abuses occur. By taking action, victims and their families can not only seek justice but also help create safer, more humane correctional environments statewide.
Who Can Be Held Liable in a Civil Rights Case?
Civil rights violations often involve multiple parties, not just the person who committed the misconduct. Liability can extend to individuals, departments, agencies, and policymakers whose actions, or failures to act, contributed to the violation. Identifying all responsible parties is essential to ensure accountability and prevent similar abuses from happening again.
Individual Police Officers
When a police officer abuses their authority, they can be held personally accountable under federal and state civil rights laws. This includes officers who:
- Use excessive force
- Conduct illegal searches
- Make arrests without probable cause
Civil lawsuits against individual officers aim to hold them responsible for their actions rather than allowing misconduct to go unchecked. In many cases, these legal actions also expose broader patterns of abuse within the department.
Police Departments and Municipalities
Police departments and municipalities can be held liable when their policies, customs, or lack of training contribute to civil rights violations. Under federal law, an entire department may be responsible if it fails to supervise officers properly or allows unconstitutional practices to continue.
For example, a department that consistently ignores complaints of excessive force could face civil liability. Litigation against these entities not only compensates victims but also pushes for systemic reform within law enforcement agencies.
State and Local Government Agencies
Civil rights violations can also stem from the actions or negligence of government agencies outside of law enforcement. For instance, a corrections department that ignores unsafe prison conditions or a social services agency that discriminates based on race or disability may be held liable.
State and local agencies are expected to uphold constitutional rights in every operation and policy they implement. Legal action against these entities helps enforce accountability and encourages transparent, lawful governance.
Supervisors and Policy Makers
Supervisors and high-ranking officials share responsibility when they know about misconduct and fail to intervene. They can also be liable for creating or enforcing policies that lead to civil rights violations.
For example, a police chief who permits aggressive arrest quotas or tolerates racial profiling contributes to a culture that fosters abuse. Holding supervisors accountable ensures that responsibility extends beyond frontline officers to the leadership structures that enable unlawful behavior.
How Breit Biniazan Can Help With a Civil Rights Claim
At Breit Binizian, our attorneys have been helping victims of civil rights abuses for years. We guide victims through every stage of a civil rights case, including:
- Investigating misconduct: We thoroughly examine police or government actions to uncover violations of your rights.
- Preserving evidence: We secure critical documents and records to strengthen your claim.
- Filing claims: We pursue cases under federal and state law, including Section 1983 lawsuits.
- Litigating when needed: If a fair settlement isn’t possible, we are prepared to take your case to trial.
We are committed to fighting for justice and holding those in power accountable. From the first consultation to the courtroom, we stand with you every step of the way, ensuring your rights are protected and your voice is heard.
How Civil Rights Litigation Helps Create Change
Civil rights cases often have an impact beyond the individual victim. Successful litigation can lead to:
- Updated law enforcement pursuit procedures
- Improved officer training and accountability measures
- Better jail and prison conditions
- New state or local legislation to protect constitutional rights
- Increased public awareness and stronger community safeguards
Expressing your ability to defend yourself not only leads to justice for yourself but many other disadvantaged people who may become a target for violations in the future.
Contact Breit Biniazan for a Free Civil Rights Consultation
If you believe your civil rights were violated, taking prompt action is necessary. Breit Biniazan provides experienced guidance and aggressive representation to ensure your rights are protected.
Contact us today at (855) 659-4457 to schedule your free, confidential consultation and get the help you deserve in resolving your civil rights matter.
Frequently Asked Questions
Can I sue the police for violating my civil rights in Virginia?
Yes. Individuals can bring claims against officers and government agencies when their constitutional rights are violated, often through Section 1983 lawsuits.
What is a Section 1983 civil rights claim?
It is a federal claim allowing victims to sue government officials who violate constitutional rights while acting under the authority of law.
Does qualified immunity protect police officers?
Qualified immunity can shield officers from liability in certain cases. An experienced attorney can determine if your situation falls under this defense.
How long do I have to file a civil rights lawsuit in Virginia?
Statutes of limitation vary. Generally, you must file a federal civil rights claim within two years from the date of the violation, but exceptions may apply.
What damages can I recover in a civil rights case?
Victims may recover economic damages (medical expenses, lost income), non-economic damages (pain and suffering), and in some cases, punitive damages to punish misconduct.
