Category: Civil Rights & Liberties

Age Discrimination and the CYA hire

We previously wrote here about claims for age discrimination in employment. As we explained: When an employee brings an age discrimination claim under the ADEA based only on circumstantial evidence, federal courts employ the McDonnell Douglas three-step burden-shifting framework. First, the employee must prove a prima facie case of discrimination. In a typical case, this [..]

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Section 1983 and federal regulations

We previously wrote here about Section 1983 claims. In summary, Section 1983 is a federal statute that allows a person to sue for violations of certain federal rights. In this post, we write about the application of Section 1983 to federal regulations. What does Section 1983 state? This law allows a person to sue for [..]

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Have your rights have been violated

Have your rights been violated? Were you denied rights? Whatever your injustice… Whatever your injustice, you can fight it. A common phrase amongst legal professionals is as follows: the attorney who represents himself has a fool for a client. This may seem a callous comment, especially coming from an attorney. However, there is merit in [..]

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Failure to protect an inmate from attack

We previously wrote here about the law regarding the failure of a prison to protect an inmate from suicide. Today, we look at a case regarding the failure to protect an inmate from an attack by another inmate. Torres v. Livingston On August 24, 2020, the United States Court of Appeals for the Fifth Circuit [..]

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Were you raided by ICE?

Raided by ICE? Immigration and Customs Enforcement The United States Immigration and Customs Enforcement is the branch of the government that has authority across all the States to enforce the deportation of people who are not citizens, or do not have any license to be in the United States (known commonly as “work visa” or [..]

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They have been locked up too long?

The right to counsel and a speedy trial during COVID-19; have they been locked up too long? Life during quarantine…  Covid-19 has changed everything. But… The Sixth Amendment to the United States Constitution STILL grants a right to a speedy trial.  The United States Supreme Court has interpreted the application of this law since its [..]

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Temporal proximity and Title VII retaliation

We previously wrote here about Title VII retaliation claims. Today we look at the specific concept of temporal proximity in retaliation claims. Scope of Title VII Title VII is a federal law that prohibits various forms of discrimination in the work place. In addition, Title VII prohibits retaliation against an employee who: opposed any practice [..]

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Attorney’s fees and nominal damages

We previously wrote here about your ability to make the other side in a lawsuit pay your attorney’s fees, including lawsuits involving federal civil rights. Today we write about such when a plaintiff only recovers what is called “nominal damages.” What are nominal damages? The term “nominal damages” refers to a situation where a jury [..]

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