Santa Fe Civil Rights Lawyer

Santa Fe Civil Rights Attorney

Anyone who had their civil rights violated by the police or another governmental group can hire a Santa Fe civil rights lawyer to fight those violations. Civil rights violations can happen during an arrest, any interaction with law enforcement, or in any situation where someone is harassed, subjected to excessive force, or injured due to certain protected characteristics.

Common Examples of Civil Rights Violations

Civil rights attorneys understand state and federal civil rights laws. The New Mexico Civil Rights Act, the Federal Civil Rights Act of 1964, and other state laws bestow protections to New Mexicans whose constitutional rights have been violated by the government and its employees.

• Free speech. Freedom of speech is not absolute, but it does enjoy broad protections in New Mexico. When the government infringes on protected speech or prevents a person from expressing their views, the person whose rights have been restricted can hire a civil rights lawyer to file an administrative action or take other forms of legal action to restore First Amendment rights to the injured party.
• Police brutality. The police are tasked with serving the public. Many do so commendably, but some police officers abuse their power and violate the civil rights of citizens. In past years, the police could avoid being held accountable due to something known as qualified immunity. With the passage of the state’s Civil Rights Act, there is now a legal path for taking action against police misconduct through the courts. Suing a police officer is not easy and often requires the work of an experienced civil rights attorney to hold the at-fault peace officer accountable.
• Jail abuse. Accidents, neglect, and even deaths within jails can constitute serious civil rights violations, especially if the jail has a pattern of deprivation of rights. When someone is accused or convicted of a crime, it does not end their protections under the US Constitution. Surviving family members can use the help of an attorney to take legal action against the jailer, sheriff’s department, or another group that was responsible for maintaining the jail or prison.

Anyone who was harmed, harassed, or retaliated against by a government employee can work with a civil rights lawyer. Depending on the nature of the violation, the victim can file a complaint or take legal action in Santa Fe, New Mexico court.

What Are the Potential Outcomes of Taking Legal Action Following a Civil Rights Violation?

The two main courses of action a civil rights attorney can take are administrative action and a civil rights lawsuit. An administrative action is a formal complaint filed with a governmental agency tasked with enforcing civil rights.

Many administrative actions are filed with the New Mexico Human Rights Bureau or the Equal Employment Opportunity Commission, the federal agency responsible for enforcing federal laws that prohibit employment discrimination. If the administrative action fails to address the misconduct, a civil rights attorney may sue the at-fault party through a lawsuit. Either course of action could result in:

• Monetary compensation.
• Injunctive relief.
• Punitive damages.
• Attorney’s fees and related costs.
• Public accountability (requiring internal changes within an agency).
• Settlements.
• Policy changes.
• Restoration of rights.

Each civil rights case is unique, with outcomes heavily influenced by the specific facts, the severity of the violation, and the legal arguments made. Consulting with an experienced attorney is crucial for understanding the potential and most appropriate outcomes for your particular situation.

What Can a Civil Rights Attorney Do for Me?

A civil rights attorney can increase the chances that you will be successful in receiving compensation for your civil rights violation and holding the at-fault person accountable for their actions. Filing administrative complaints and lawsuits is complicated and time-consuming work, and there is room for error in legal matters.

Your attorney can start by reviewing your case to see what the optimal course of action should be. The civil rights attorney could violate state law, federal law, or both. Sometimes, the correct course is not to jump into a lawsuit. Depending on the facts of your case, the first step could be to go through an administrative process first.

A civil rights attorney can handle most, if not all, of the paperwork on your behalf and keep you updated on how the process is going. When a settlement offer or similar offer of relief is made, your attorney can provide insight and advice on whether to accept that settlement. Your lawyer always has your interests in mind.

FAQs

Q: What Is the Statute of Limitations for the Civil Rights Act?

A: Anyone seeking relief through the Civil Rights Act in New Mexico has three years to file a complaint. The three-year deadline is measured from the most recent incident where a government employee violated the civil rights of a state resident. When a case is filed within the three-year deadline, the plaintiff can seek monetary compensation, attorneys’ fees, and other forms of relief.  If a New Mexico Civil Rights Act claim is made against a law enforcement agency, notice to the agency of a possible claim must be made within one year of the violation of rights.

Q: What Do You Do When Your Civil Rights Are Violated?

A: When your civil rights are violated, you can take steps to protect your rights and hold the at-fault party accountable by hiring a civil rights attorney. Beyond hiring an attorney to represent you in court or an administrative action, you can gather evidence that strengthens your case. These could be copies of communications between you and the at-fault party, contact information of witnesses, or photographic or video evidence.

Q: What Is the New Mexico Civil Rights Act?

A: The New Mexico Civil Rights Act allows residents to file civil claims against government entities for violations of the rights secured by the New Mexico Bill of Rights. Before passage of the act, sovereign or qualified immunity often prevented such claims. The law now holds government bodies and officials accountable for violating the rights of New Mexicans. This law also helps victims of police misconduct seek compensation.

Q: Can You Sue Law Enforcement?

A: Yes. The statute of limitations for different claims vary, as do the notice requirements for such claims. An experienced attorney can advise you regarding when and how you may file a claim against law enforcement.

Schedule Your Santa Fe Civil Rights Consultation Today

If an authority figure violated your or a loved one’s civil rights, call Egolf + Ferlic + Martinez + Cox, LLC, to speak to one of our lawyers. Our civil rights lawyers review your case, consider what the optimal course is, and develop a strategy that works to maximize the compensation you can receive for your injuries. You can contact our team online to request a consultation, and someone will reach out to you soon.