Dec 11, 2018 | Employee Rights
Age discrimination—two words nobody ever wants to hear. It’s one of the ugliest forms of discrimination, as well as one of the most widely practiced. For all the laws and the press and the talk about it, making assumptions about someone’s age still happens, particularly in the workplace.
Even with the Age Discrimination In Employment Act, the AARP estimates that 64% of workers admit that they have witnessed ageism in the workplace. With 1 in 5 workers over the age of 55, it’s not a stretch. Even job seekers over 35 see their age as an obstacle to finding a new job. Even in the current stronger economy, workers “over a certain age” are being left unemployed, all because of their age.
But proving age discrimination is an uphill climb. Most employers have not only been trained on how not to discriminate, but they’ve also found ways around the system to make sure they aren’t caught. It’s not usually the blatant comment that “you’re too old to do this job now.” Employers have become more subtle in age discrimination. So what can you do?
Proving Discrimination
The Supreme Court’s 5-4 ruling on Gross v. FBL Financial Services, Inc. in 2009 makes proving age discrimination much more difficult. This case increased the burden of proof that you will have to meet to prove that you’ve been subjected to age discrimination, and you must prove that age was the primary reason for a firing, layoff or demotion, and not combined with something else (such as a poor performance review.) Because of this increased difficulty, employers have become better at hiding it.
If you’ve heard comments about age, directed at you or others, keep a record of everything. But outright age discrimination isn’t always that obvious, and most employers know how to conceal it.
Like other types of discrimination, there are some signs to look for and document:
- You’ve been passed over for promotion repeatedly, despite the promotion of younger employees with less experience
- Younger workers are invited to training, meetings or other work-related activities that you (and other older workers) aren’t
- You’re frequently asked about when you plan to retire, especially by your boss or HR (document these kinds of comments with name, date, time and witnesses.) These kinds of comments may also constitute harassment and create a hostile work environment.
- After years of positive performance reviews, you are suddenly “written up” or given disciplinary documentation, when younger workers are not for the same “infractions”
- Your job responsibilities have dramatically changed so that you are unable to complete them (such as much higher and more difficult sales targets)
- You (and others like you) are being treated very differently than younger employees
- Promotions, transfers and new hires are increasingly younger and younger, while older workers are given different responsibilities or systematically laid off.
- Younger workers are being offered different types of benefits
There are some types of positions, such as airline pilots, where age is a factor, and you may not be able to file a complaint.
If you’ve been discriminated against, you can file a complaint with the Equal Employment Opportunity Commission (EEOC.) The agency notes a marked increase of ageism complaints since 1997, with more than 25,000 filed per year since 2008.
Voluntary and/or mandatory retirement
In some cases, this may also be a form of age discrimination, since it’s offered to older, tenured and thus more expensive workers. If the company is actively working to shed workers over 50 or so, be sure to review everything before you sign anything (or have your lawyer review them for you.) If you discover later that you were, in fact, discriminated against, you may have signed away the right to sue the company later in exchange for your retirement package.
Caveat
Filing a suit like this one can be draining, both emotionally and financially. It also brands you as a “high-risk applicant,” because any other employer may be afraid to hire for fear of litigation later. Whether you win or lose such a lawsuit, you may face increased difficulty in finding employment. So in addition to being over a certain age, suing a former employer may make you completely unemployable.
Age discrimination is against the law
There are strict laws in the US against all discrimination. If you believe you’ve been the target of age discrimination in Denver, call the Civil Rights Litigation Group at (720) 515-6165 for a free consultation. We’re experienced in helping people like you fight back. We can help you file your EEOC complaint, and represent you in court when the time comes.
Oct 18, 2018 | Civil Rights Law
A loved one was killed in a drunk driving accident. A child dies from injuries due to a defective baby bed. Or someone died in the hospital after a simple surgical procedure. Can you file an action for a wrongful death?
This type of suit is similar to a personal injury suit that an injured person would file after an accident. The difference is that that the surviving spouse, parents, children or other dependents would file it on behalf of the deceased individual. If they are successful, they may be awarded damages for wrongful death. Let’s look at how this works.
What is wrongful death?
When someone dies as a result of negligence, or intentional reckless actions of another individual, it’s called a wrongful death. The causes can include:
- A car accident, whether a drunk driver or another driver’s negligence
- Workplace accidents (especially those that were preventable)
- Severe slip & fall accidents (also called “premises liability”)
- Medical malpractice
- Defective products (including vehicles and parts)
- Nursing home abuse and negligence
- Prescription drug side effects that caused death
- Other cases of individual negligence that caused an unnecessary death
A surviving spouse, children, or in some cases, surviving parents, can file a wrongful death suit on behalf of a deceased person.
A note about workplace accidents
Survivors will usually be entitled to death benefits through Colorado’s worker’s compensation system. In some cases, you may be able to file a wrongful death suit. Workers who died as a result of asbestos exposure may be considered a wrongful death. Consult with an attorney who is experienced in wrongful death cases to find out if the workplace accident qualifies, and if you are able to file suit.
Statute of limitations on wrongful death lawsuits
Like any lawsuit, there is a time limit. Colorado has a two-year time limit on wrongful death lawsuits. Contact a lawyer immediately if you are considering filing one.
Colorado’s Wrongful Death Act allows the surviving spouse the initial and exclusive rights to file a claim during the first year the death of their spouse. After that, a surviving spouse and children may bring a claim. If the deceased had no spouse and/or children, his or her parents can pursue a claim for wrongful death, including the first year.
Additionally, a representative of the deceased’s estate can also file a survival action to recover specific types of losses from the estate.
Wrongful death monetary damages
Spouses, children and/or parents may be awarded monetary damages that compensate them for the loss of the individual. Those damages may include:
- Loss of future wages
- Benefits as a result of the loss, such as life insurance
- Loss of companionship, love, care, and protection that the deceased provided
Plaintiffs may also request damages for:
- Medical expenses from the deceased’s fatal injury or illness
- Funeral/burial expenses
- Punitive damages, or “punishment” to a wrongdoer for his or her negligence, and as a deterrent to others who might commit the same negligence
Colorado doesn’t have caps on economic losses (lost wages, etc.) But punitive damages are currently limited to $468,010 for pain and suffering. Other limits apply to different types of cases.
A wrongful death claim is a civil claim, and the only punishment involved is financial. However, a criminal case filed in the same action doesn’t preclude a family member from filing a civil suit. This can happen in the case of a vehicular homicide—the state will file criminal charges and bring a criminal action, and the family can file a wrongful death case at the same time.
Wrongful death suits in Denver
Losing a loved one is never easy. A wrongful death can be even harder. Our attorneys understand the pain and difficulty of a lawsuit after losing a loved one. We will work to guide you through the legal process.
Call the Civil Rights Litigation Group at (720) 515-6165, or use our online contact form, to schedule your free consultation with us today.
Sep 26, 2018 | Civil Rights Law
Police have specific guidelines when they go out to search a home, or if you’re stopped in a car. Sometimes, procedures aren’t followed. The Fourth Amendment protects you from illegal search and seizure.
How you’re protected
The Fourth Amendment states that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The State of Colorado also has a similar statute in the state constitution. Police can’t just search your car or home for no reason.
Why police might search
While the Fourth Amendment covers searches that are “unreasonable,” there are times when a search may be considered “reasonable.” Should the police believe they have probable cause to search you, your home, your car, or anything else connected to you, the search is because they believe they can find evidence to prove that you committed a crime. Generally, there is a search warrant issued and signed by a judge for this to happen.
Alternately, there may be extenuating circumstances that allow for a search to be executed without a warrant.
“Fruit of the poisonous tree”
Evidence obtained as a result of an illegal search can also be disqualified. This term was coined after a famous court case, Wong Sun vs. The United States. In this case, the prosecution introduced drugs into evidence that were discovered while in an interrogation during an illegal arrest.
For instance, if you are stopped by police for no reason, and the police find something that leads to hidden evidence (a note, a text, etc.) that they would normally not have found, the two parts equal an illegal search and seizure. The trail that leads them to it is the “tree,” and the evidence found as a result is the “fruit.”
This means that dismissals are two-fold. Charges filed against you as the result of an illegal action can be dismissed as well as any evidence because they were not properly obtained.
Defending yourself against illegal search and seizure
Police are not allowed to conduct searches because they feel like it, or because they “thought there might be something.” If the police come to your door and ask to search the place, you have the right to ask for a warrant. If they believe they have probable cause, you will likely get a return visit from them with one. However, if they have probable cause to conduct a warrantless search and are intent on searching anyway, you may have no choice. Verbally inform them that you do not consent (loudly if there are possible witnesses), but do not interfere with them.
Police can only search whatever is described in the warrant. For instance, if the warrant allows a search of your house, searching a potting shed may be considered an “illegal search.” They are only allowed to seize what’s allowed in the warrant. Searching for and finding something else not described in the warrant may also be “illegal,” but not necessarily.
Hiring a civil rights attorney is your best defense against a 4th Amendment violation.
Should the police violate your civil rights with an illegal search and seizure, you can sue for monetary damages under what’s known as a “1983 action.” The section of the US Code (42 U.S.C. §1983) that covers 4th Amendment violations is where the name comes from, and it’s used to define illegal search and seizure, as well as other civil rights. A skilled civil rights attorney can file charges and proceedings and guide you through the process.
If you are charged with a crime using evidence that is obtained through an illegal search, a civil rights attorney can file a motion to suppress the evidence. If the motion is successful, the evidence, and possibly the case, may be thrown out completely.
NOTE: Even if a search or arrest is illegal, resisting or physically fighting an officer can still result in charges of resisting arrest — a separate charge from the original, wrongful arrest that probably won’t be dismissed. DO NOT resist an arrest, no matter how illegal.
Defend your rights — call today
If you’ve been a victim of an illegal search and seizure, you need an attorney experienced in civil rights cases.
Call the Civil Rights Litigation Group at (720) 515-6165, or use our online contact form, to schedule your free consultation with us today. We understand civil rights cases, and aggressively defend you in court and make sure your rights are protected.
Aug 18, 2018 | Civil Rights Law
Being arrested is a difficult experience. A conviction with a prison sentence is even more difficult. You lose many of your rights when you’re admitted to prison to serve a sentence. But if your arrest and/or incarceration include various forms of abuse, that’s a violation of your Eighth Amendment rights, which include the prohibition of “cruel and unusual punishment.”
But when is it considered prison abuse, and how do you fight against it?
Unfortunately, Colorado in the 21st century isn’t immune to civil rights violations for prisoners of all grades. From a local drunk tank to a full-fledged sentence in state prison, you do have some civil rights, even behind bars. Prison abuse is illegal.
The First Amendment
While you still have your rights to practice your preferred religion, associate with family and friends of your choice and read whatever you like (within reason), there are some restrictions. Many are for security reasons, and must “be reasonably related to a legitimate government interest.” The so-called “Turner Test,” named after Turner v. Safley, 482 U.S. 78 (1987), set the legal standard for prisoner’s rights under the First Amendment.
Some prisons may deny reading material they consider “dangerous” or pornographic, but must follow a procedure to ban books or magazines. Others may require prisoners to get books directly from the publishers. But prisons can censor information they believe will cause disorder and/or violence, or that could damage a prisoner’s chances of rehabilitation.
But many prisoners’ rights are curtailed beyond the need for prison safety, limiting their access to family members, reading material and the religious practice of their choice. This can violate the prisoner’s First Amendment and be considered prison abuse.
The Eighth Amendment and prison abuse
The amendment that defines “cruel and unusual punishment” as well as the levying of “excessive fines” for prisoners. (More detail is available here.) This includes “unsanitary, dangerous or overly restrictive conditions.” While there have been some reforms, the unfortunate truth is that many prisoners are still subjected to multiple types of abuse, including physical and sexual assault, neglect, exploitation and excessive force. Women at the Denver Women’s Correctional Facility have also been subjected to repeated sexual harassment and assaults.
Medical and dental needs are also covered under this amendment. Ignoring a prisoner’s request for medical care is a violation. If you are in need of medical care and are met with indifference or ignored, you may have a case for abuse. The criteria for denied medical care are:
- You had a serious medical need, such as an untreated injury or other medical condition
- Prison officials showed “deliberate indifference” to your serious medical need
- This deliberate indifference caused your injury
The ACLU has filed prison abuse lawsuits against the state of Colorado for its lottery-style treatment of prisoners with Hepatitis C.
Solitary confinement
Long a staple of prisoner discipline, Colorado has revamped the policy on putting prisoners into solitary confinement. Rick Raemisch, the executive director of the Colorado Department of Corrections, examined the practice of putting prisoners into solitary when he took the job in 2013. Many prisoners were put into solitary and left there for many months or even years, for the smallest infractions. Long-term isolation was found to lead to or exacerbate mental illness.
Working with the UN and the State Department, Raemisch found that leaving a prisoner in solitary confinement for more than 15 days amounted to torture. In September 2017, the limit for prisoners to be kept in solitary was changed to 15 days. Anger management, therapy and other needs are addressed when prisoners are re-introduced into the prison population. No longer are any prisoners taken directly from long-term solitary confinement and released from prison directly into the general population. Therapy and other help is given long before a prisoner is even released back into the prison population. The results have been excellent and well received, even by the most reluctant of prison guards.
Available resources
Prisons often have law libraries available for residents to utilize. However, law books and legal journals can become outdated, so it’s best to make sure that the law is current or hasn’t been replaced with another one. A civil rights attorney can help you with current case laws to bring your claim to court.
Other available resources on prison abuse:
ACLU National Prison Project—a division of the ACLU dedicated to prison reform, reduction of incarceration and the humane treatment of prisoners in US jails. This includes information on your rights to medical and dental care, however, this document was last updated in 2005.
Prison Policy Initiative—an online resource for updated information on the criminal justice system on a national scale. This advocacy group researches the harm that mass incarceration and over-criminalization creates for society.
A Jailhouse Lawyer’s Manual—this online book is published by Columbia University, and available to download for free online. Published in 2010, and 158 pages, this manual can help you through a complaint or lawsuit. (NOTE: the book is not intended as legal advice, and some parts may be outdated.)
You have rights in prison
If you or a loved one have been mistreated, harmed, or the victim of prison abuse while incarcerated, you don’t have to accept it as “part of life.” While incarceration is intended as a punishment for a crime, it’s still against the law to commit another crime against a prisoner. Call the Civil Rights Litigation Group today at (720) 515-6165. We offer you a free consultation to discuss your case with us, and will work to represent you and defend your civil rights, even while in prison.
Jul 31, 2018 | Civil Rights Law, Police Misconduct
As a diverse and progressive city, Denver has a lot going for it. One of the more welcoming cities in the west, there are friendly people and something for just about everyone, including the LGBT community.
But the dark side of Denver involves something not so welcoming: police brutality.
Most police officers do their job every day, and no one ever hears about them. Unfortunately, there are more than a few “bad apples” that give everyone in law enforcement a bad name.
What is police brutality?
When a police officer (or multiple officers) use more physical force than necessary to respond and control a situation. This can include physical force on handcuffed or otherwise restrained individuals, unnecessarily injuring someone in their custody, as well as firing a weapon when unneeded. Police brutality can take a number of different forms and includes any improper or illegal activities connected with official duty.
Denver law enforcement officers have a sworn duty to protect all individuals from any constitutional violations that another law enforcement officer may inflict on an individual in their custody (or anyone else.) If a law enforcement officer witnesses another officer violating a private citizen’s constitutional rights, he or she may be guilty of failing to get involved.
The first step: Take care of yourself first
If you’re injured after an interaction with the police and believe you are the victim of police brutality, take these steps to get started on filing your complaint
- Get medical attention
- Photograph and document your injuries
- Write down everything, in as much detail as you can
- Are there witnesses? Get statements and any video or other recordings they may have of the incident
- ·Gather any other evidence that you may have, and keep it in a safe place, i.e., damaged clothing, cell phone, etc.
The second step: Filing a complaint
Reporting police brutality is the first step in doing something about it. The Denver Police Department website has a contact form that one can file their complaint immediately.
The Colorado Division of Civil Rights, which includes the Civil Rights Commission, has an entire website of information and resources to help you file a complaint. The DCR also offers alternative dispute resolution (also known as “mediation”) to assist with resolving conflicts and potentially avoiding court hearing and litigation.
The American Civil Liberties Union (ACLU) also offers helpful information on their website about dealing with law enforcement. They may also be able to offer limited legal assistance for your case.
You should also contact an attorney who specializes in civil rights violations to help you file your complaints and pursue justice.
Police brutality is against the law
The police do not have the right to deny you the constitutional rights you have. If the police have violated your rights (or even caused injuries), we’re here to help you recover for your damages, help you heal from any injuries and make sure justice is rendered. A civil rights attorney will aggressively defend you in court and fight for your rights, and if necessary, clear your name.
If you or a loved one are the victims of police brutality or other law enforcement abuses, call the Civil Rights Litigation Group at (720) 515-6165 or use our online contact form. Schedule your free consultation with a Denver discrimination attorney today.
Jun 21, 2018 | Civil Rights Law
One of the biggest determining factors in criminal cases is evidence, but is it fabricated evidence? Pictures, bodycam video, and physical items recovered from a home or auto are just some of the things police can introduce into evidence in court that can be used to convict you of a crime.
But what if the evidence wasn’t real?
Over-zealous police, anxious prosecutors, and other officials might be in the hot seat and are being pushed for an arrest and/or conviction (especially in a high-profile case.) Or they’re just being lazy and taking the first person who crosses their path. If you happen to fit the bill, you may be under arrest.
If they can create the evidence that puts you in the right place at the right time, law enforcement or other officials may be able to get the conviction they want, without being concerned about the right person behind bars. You could be doing prison time for a crime you didn’t commit.
How can this happen?
The Fourth Amendment guarantees every citizen protection from unreasonable search and seizure. The Fourteenth Amendment guarantees the right of due process to all citizens, and false or fabricated evidence violates that right. There have been exceptions to both rules and sometimes, someone takes advantage of it.
In the City of Loveland, a dishonest police officer claimed that he’d “smelled marijuana,” forcing a driver to submit to an illegal and complete search, including a drug dog. By making a claim that can’t always be substantiated, the police officer knew he could get away with violating the individual’s civil rights. His claim of “smelling marijuana” amounted to fabricating evidence when he knew it was wrong. When the ACLU got involved, the city agreed to a financial settlement, and the charges were quickly dropped.
Lawyers are barred from fabricating evidence
The Colorado Bar Association’s Rules of Professional Conduct specifically prohibit the use and presentation of fabricated evidence:
A lawyer shall not knowingly. . .offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or witness called by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.
Fabricating evidence is addressed under evidence tampering in Colorado law CRS 18-8-610, if an individual:
(b) Knowingly makes, presents, or offers any false or altered physical evidence with intent that it be introduced in the pending or prospective official proceeding.
Fabricating evidence is a Class 6 felony, which, if convicted, includes:
- A sentence of 12 to 18 months in prison
- A fine of up to $100,000
- Mandatory one-year parole period.
Defend your rights — call today
If you’ve been arrested or charged using fabricated evidence, you need an attorney experienced in civil rights cases.
Call the Civil Rights Litigation Group at (720) 515-6165, or use our online contact form, to schedule your free consultation with us today. We understand civil rights cases and aggressively defend you in court to make sure your rights are protected.
Call the Civil Rights Litigation Group at (720) 515-6165
May 31, 2018 | Civil Rights Law
The Mile High City has a lot to offer. In Denver alone, you can find cultural attractions, top-chef restaurants, craft brewers and distillers, world-class entertainment (like the Red Rocks Park & Amphitheater) and museums. There are even more great attractions and events outside of the city, in places like Boulder and Aurora. Numerous historical sites give you a sense of where Denver has been, and where it’s going.
Diverse Denver
But it’s Denver’s diversity that makes it the fun, vibrant multicultural place to be in the West. The 2015 census shows that 31% of the city is now Hispanic and 10% African-American, along with a strong Asian community. It’s also pet-friendly, with great places to walk your pet and adventures where you can take them with you.
Since Denver has long been a meeting and gathering place for people from different cultures and backgrounds, it’s become an accepting place for the LGBTQ community. By the 1980’s, LGBTQ became established as not only a thriving community, but politically active as well. Gay-friendly neighborhoods, businesses and annual events like Denver PrideFest (one of the biggest in the US) and the Rocky Mountain Regional Gay Rodeo make the city one of the top places for the LGBTQ community to live and work.
Green Denver
Our city leads the way in eco-friendly “green” initiatives. We’re not only going green, we live green. The City’s “Green Fleet” leads the way with 43% of city vehicles that use alternative power (electric, CNG, biodiesel and propane.) For more than 10 years, two cab companies also drive hybrid vehicles (Metro Taxi and Yellow Cab.) GreenPrint Denver is a visionary energy management and efficiency plan that includes goals for cleaner water, land and air.
Don’t want to drive? You have lots of greener alternatives to get around. Denver’s Regional Transit District offer bus rides, alternatives for people with mobility limitations and free rides for active duty military. Pedicabs, trains, scooter tours and bike sharing are all available for traveling, and the free MallRide (using hybrid vehicles) can take you all around the downtown area.
Plans for Denver’s Pepsi Center to become 100% green include operating 100% on renewable wind and solar power, a hybrid parking area and extensive recycling facilities. Tree planting and recycling are also some of Denver’s best initiatives to continue making the city greener.
Denver discrimination
Civil rights violations can take many forms. The City of Aurora recently paid out nearly a half-million dollars to black firefighters after they discovered a pattern of discrimination. The department dismissed minorities at a higher rate than white firefighters.
LGBTQ citizens have also been the target of discrimination and civil rights violations.
For all our forward-thinking and planning, the city of Denver is not without problems, especially in the area of civil rights and discrimination. Issues like wrongful arrest, police misconduct, employment discrimination and other civil rights violations are, unfortunately, as common as a cowboy hat in Colorado. The state does have an active Civil Rights Commission, and has bipartisan support to protect the rights of citizens. But civil rights abuses and violations continue to be a large part of the social justice movement in Denver.
For instance, prisoners who are subjected to neglect or abuse by prison personnel have had their rights violated under the Eighth Amendment. But who might speak up for them, other than a civil rights attorney? LGBTQ prisoners, particularly transgenders, are particularly at risk for abuse and discrimination.
The American Civil Liberties Union is also aware of police misconduct and brutality levied against citizens, as well as multiple cases of excessive force without cause. The ACLU offers free online resources to help you understand your rights and know what to do if your rights have been violated.
What do you do?
Don’t let unfair discrimination or any municipal authority step on the constitutional rights you have. A civil rights attorney will defend you in court and fight for your rights, and if necessary, clear your name. If you or a loved one has suffered a civil rights violation at the hands of police, in your place of employment, by the judicial system, or in any other fashion, call the Civil Rights Litigation Group at (720) 515-6165 or use our online contact form. Schedule your free consultation with a Denver discrimination attorney today.
May 1, 2018 | Civil Rights Law
Dealing with the police can be frightening — especially if you’ve done nothing wrong. If that experience ends up in a false arrest (also called wrongful arrest), can you fight it? Yes.
Colorado is known to be one of the top states for civil rights violations, including false arrests. It’s usually an unpleasant surprise when it happens, so be on guard if it does.
What is a false arrest?
A false arrest is when anyone is unlawfully restrained and loses his or her freedom of movement. This means that when someone holds you against your will, and/or you are taken into custody without any legal justification or consent. It’s an intentional tort, meaning that the individual intended to deprive you of your freedom of movement.
This can happen not only with police officers but shop owners and managers who suspect shoplifting. If someone believes you’ve been shoplifting, they may prevent you from leaving and hold you until the police arrive.
What you have to prove
If you are the victim of a false arrest, your Fourth Amendment Rights have been violated. How do you know if they were? If you are going to court, you’ll have to prove:
- That the confinement was intentional by the defendant (the person you are suing)
- That you were conscious of the confinement (you knew you were being unlawfully detained)
- That you didn’t consent to the confinement
- Whether the arrest was “privileged,” or legally justifiable, such as a warrant for arrest. The catch-all term probable cause is harder to prove, and a defense against false arrest.
Finding an attorney who is experienced with civil rights violation cases in Denver can investigate your case, build your defense and represent you in court to defend you against a false arrest.
What to do if it happens
Even if you are being falsely arrested, resisting arrest is a second charge, and you can be charged and jailed for that. In some places, resisting a false or wrongful arrest is legal, but you can still be arrested for that.
The ACLU offers information if you find yourself falsely arrested:
- Don’t resist arrest, even a false one. You’ll risk a second charge that’s genuine
- You will be required to give your name and address to the arresting officer, but nothing else without a lawyer present
- You should always refuse a search without a warrant; should an officer state that he or she can get one, allow them to do so
- Exercise your right to remain silent. You do not have to answer any questions beyond your without an attorney present; just ask for one
- Get the officer’s name and badge number, write it down along with the date, time, witnesses names and contact information and other pertinent information to the case
- Keep records of all conversations, letters and anything else related to the case.
- Find an attorney skilled in civil rights violations as soon as you can, and defend yourself
Bottom line: don’t resist arrest, don’t answer any questions you’re not required to, and insist on having an attorney present when speaking to the police for any reason. Bad as the situation is, you’ll have the chance to defend yourself in court, prove the invalidity of the arrest, and clear your name.
Don’t allow injustice to continue!
False arrests can happen anywhere, and false accusations can ruin your life. If you’re the victim of a false arrest, or your civil rights have otherwise been violated, an experienced civil rights attorney will fight for your rights. While your first thought may be to call a criminal defense lawyer, remember, if you haven’t committed a crime, and your civil rights are at stake.
Call the Civil Rights Litigation Group at (720) 515-6165, or use our online contact form, to schedule your free consultation with us today. We’ll fight to help you clear your name against false arrests and other overreaching actions by police.
Mar 26, 2018 | Civil Rights Law
The First Amendment Defense Act (FADA) was introduced in 2016 in response to numerous cases of individuals and businesses being legally sanctioned (including steep fines) for declining to participate in same-sex weddings and related activities. Some call it needed, some call it unconstitutional, with staunch opponents claiming it will dissolve all rights currently available to LGBT individuals.
The bill was introduced into the House of Representatives on 6/17/2015 (H.R. 2802) by Rep. Raul Labrador (R-ID). On the same day, it was referred to two committees, the House Ways & Means and House Oversight and Government Reform, but has not yet been reviewed or considered by either one. Even with 172 co-sponsors, this bill has not actually gone anywhere since its introduction. The same bill (as S.1598) was introduced into the Senate by Senator Mike Lee (R-UT) and has 37 cosponsors there.
Both senators, in response to criticism, updated both versions of the bill and put them on their websites, but haven’t introduced them into Congress. For the time being, the First Amendment Defense Act isn’t going anywhere.
Many defendants of the LGBT community claim that FADA will not only roll back civil rights for them but also allow religious discrimination against them, just for being gay. But does it?
What the First Amendment means
The actual First Amendment says:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
What it means seems to always be up for interpretation, and despite multiple Supreme Court decisions, it’s not always the same. But in essence, the First Amendment gives American citizens the right to free speech. It was created after laws in the British Commonwealth allowed members of minority parties to be jailed for speaking out. The First Amendment allowed political dissenters to be free from the same fate in the newly created United States.
It’s important to note that not all speech is free speech under the First Amendment. The Supreme Court has identified areas that, under certain circumstances, can be restricted:
- Speech that incites illegal activity and subversive speech
- Fighting words
- Obscenity and Pornography
- Commercial speech
- Symbolic expression
Freedom of the Press
This part of the First Amendment permits the free distribution of information, ideas, and opinions without constraint, prosecution and interference from the government. There are some restrictions, including things like defamation. Freedom of the press has expanded in recent years to include bloggers. However, bloggers can still be held liable for copyright and/or trademark infringement and defamation.
Freedom of Religion
Born out of the heavy-handed influence by the Anglican Church in England, Thomas Jefferson sought to keep religious over-reach out of the government in the new colonies. He opposed a church’s influence and interference in governmental affairs, and the establishment of a “national religion.” While the high courts continue to debate how it works, this clause establishes the rights of each individual to worship the faith they prefer and as they see fit.
What the First Amendment Defense Act does
So how would the First Amendment Defense Act affect a civil rights case? While it’s currently still just a bill stalled in a committee, the short version is, “To prevent discriminatory treatment of any person on the basis of views held with respect to marriage.” It’s aimed at protecting people based on their religious beliefs when those beliefs conflict with a client or customer in regards to marriage. The bill’s summary states that it would prohibit the federal government from taking action against a person:
“on the basis that such person believes or acts in accordance with a religious belief or moral conviction that: (1) marriage is or should be recognized as the union of one man and one woman, or (2) sexual relations are properly reserved to such a marriage.“
The bill was created in response to a number of Christian businesses who declined to provide various wedding-related services to same-sex couples. The most famous of these was in Oregon, involving a bakery called Sweet Cakes By Melissa, and two women who had patronized the bakery previously. When the owner’s husband discovered that the wedding cake was intended for a same-sex wedding, he informed them that they would not be able to make that cake, citing religious beliefs. The couple brought legal action in the state of Oregon and won. Since then, the bakery has been fined $135,000 and closed its doors. Other businesses in similar circumstances have been fined, sued or otherwise sanctioned.
The First Amendment Defense Act gives businesses federal protection to businesses and religious organization decline a customer’s business or requests based on their religious beliefs. The business would be neither persecuted nor prosecuted.
How does the First Amendment Defense Act affect a civil rights case?
Opinions differ, but it also depends on what side you’re on.
Authors and supporters of FADA believe it will allow businesses and religious organizations (including religious-based businesses such as Catholic colleges and hospitals) to operate in accordance to their beliefs free from recrimination. In the many cases of small, Christian businesses whose owners disagree with same-sex marriage, it gives them an “out,” if they so choose, allowing them to decline the business without fear of government sanctions or harassment.
The First Amendment Defense Act would, in theory, protect the civil rights of individuals who have expressed belief in traditional marriage. It would also allow state clerks to recuse themselves from issuing licenses for same-sex marriage if they desire, as well as prevent job loss after voicing discontent outside of their work environment. The bill is designed as a balance to protect religious liberty while also respecting the rights of the LGBT community.
Opponents believe that FADA will allow religious organizations and businesses to openly discriminate against the LGBT community without retribution. They also believe that FADA would undermine the government’s ability to enforce federal protections for LGBT individuals, and all anyone would have to invoke “marriage beliefs” to be immune from prosecution. The ACLU lists in this fact sheet that FADA would open up additional discrimination against single mothers and unmarried straight couples as well. By allowing certain types of discrimination to go unpunished, it’s possible that same-sex couples could be denied things such as housing, education, health insurance and medical care (including the right to utilize the Family Medical Leave Act for an ill spouse.)
At this point, however, the First Amendment Defense Act is still a bill that’s stalled in committee and is not the law of the land.
We defend your civil rights
If you’ve been discriminated against for any reason, call the Civil Rights Litigation Group in Denver at (720) 515-6165 for a free consultation. We’re experienced in helping people just like you fight back against denial of your civil rights. We’ll review your case, help you file your complaint, and represent you in court when the time comes.
Mar 12, 2018 | Civil Rights Law
There is a difference between detaining someone using the authority of law and merely asking questions. Any
police officer may ask any free person questions in a voluntary manner. That is called a consensual encounter. Your rights during a consensual encounter are generally to decline to answer questions and/or walk away if you wish. If you have not been detained by some objective use of an
officer’s authority (official commands, use of force, physical seizure, etc.), you are likely free to leave. However, if an officer’s questions are accompanied by obligatory commands, threats of force, arrest, or other types of seizure, such that a reasonable person would not feel free to leave, the encounter generally turns into a detention and/or arrest.
A police officer must have reasonable suspicion to detain for a limited timeframe during a Terry stop/detention and must have probable cause to make an arrest. That is why the ACLU and other know your rights groups teach that when you are in an encounter with an officer, you should always inquire – am I under arrest? Am I being detained? Am I free to leave? If the officer answers yes to the first two questions or no to the third, you know the officer must possess articulable facts that would be sufficient for the type of seizure he/she has placed you in.
In all circumstances that a
police officer uses their official authority to detain/arrest you, you should comply with commands and later let your
lawyer argue whether the officer had sufficient information to establish the proof necessary for the type of seizure at issue.
