If you are convinced that you have suffered a civil rights violation, you are entitled to file a lawsuit against the wrongdoer for your suffering. Before filing a lawsuit, you should consider a few important aspects including the requirements to lodge a government claim ahead of lawsuit filing in some particular cases, the options of filing a claim at a state or federal court and outcomes of such a lawsuit.
Is it necessary to file a government claim first?
Some types of civil rights violation and discrimination require you to file a complaint with the state or federal agency before filing any lawsuit in court. These agencies have strict time deadline for lawsuit filing. You can file an individual lawsuit only after obtaining permission from the Equal Employment Opportunity Commission. The permission is usually granted by issuing a ‘right to use’ letter from the EEOC only after it finds enough evidences for occurrence of a civil right violation.
State agencies also enjoy the rights to start investigation about a civil right violation complaint. According to the standard procedure, the state agency dispatches the filed complaint to the EEOC on the federal level to make it a ‘dual filling’.
An experienced attorney, who has in-depth knowledge of Bane civil rights act, can tell you if filing a government claim is mandatory in your case.
Lawsuits in State & Federal Court
If you are ready to file a civil rights violation lawsuit, one of the initial and important considerations will be where you will file the lawsuit – state or federal court. Based on the particularities in your case, it may be up to you to choose an option or your choices are likely to be dictated by a statute. A federal statute allows any employee, who has suffered money damages due to discrimination at workplace, to file a private lawsuit. Depending on your residential state, it may allow you to choose between options – federal or state court – for lawsuit filing.
What to Expect in a Civil Violation Lawsuit
A civil rights violation lawsuit is filed in state or federal civil court. The plaintiff files a lawsuit with the court by presenting some facts and allegations in order to establish that the other party is culprit for civil rights violation. The complaint tries to prove that the defendant’s violation of civil rights caused harm to him/her. If the case proceeds to trial, the complaint has responsibility to prove the allegations against the other party with “preponderance of evidences’.
A complete civil rights violation case usually comprises the following main phrases:
- Initial Court Papers
- Finding Facts
- Court Motions
- Settlement/Alternative Solution to Resolve Dispute
- Trial & Verdict
- Money Collection after Judgment
- Appeals
Contact an Attorney
If you think you have solid reasons to file a civil rights violation lawsuit, make sure to speak with a lawyer first. Important case-related decisions involve complexity that can be better understood only by an experienced attorney. The professional will evaluate all possible aspects of your case and discuss available options at length in order to decide the best course of action in your situation.
