The Schenk Law Firm is deeply committed to defending and upholding civil rights of individuals across the United States. Civil rights are the foundation of a free and just society, ensuring that every citizen can participate fully and equally, without fear of discrimination or unjust treatment. These rights, enshrined in the U.S. Constitution, state constitutions, and various federal and state laws, include the freedom of speech, the right to due process, protection from discrimination, and equal protection under the law.

We understand that civil rights violations can have profound and lasting impacts on individuals and their families. Whether it’s a case involving unlawful detention, excessive force, or discriminatory practices, The Schenk Law Firm is dedicated to seeking justice for those whose rights have been violated.

Key Civil Rights Protections

First Amendment Rights: The First Amendment protects citizens from government infringement on freedom of speech and the press. It also secures the right to peaceful protest, public assembly, and the ability to petition the government for redress of grievances.

Fourth Amendment Rights: The Fourth Amendment protects individuals from unreasonable searches and seizures by the government. This includes protections against illegal detentions and false arrests. Cases of police brutality, excessive force, and other forms of police misconduct often involve violations of Fourth Amendment rights.

Fifth Amendment Rights: The Fifth Amendment ensures due process for individuals, particularly those in federal custody. This includes the right to remain silent in criminal matters and the requirement that federal officials must address the serious medical needs of detainees.

Eighth Amendment Rights: The Eighth Amendment prohibits cruel and unusual punishment, protecting those convicted of crimes from intentional harm or neglect of medical needs by state and federal officials.

Fourteenth Amendment Rights Similar to the Fifth Amendment but applying to state officials, the Fourteenth Amendment ensures that state governments provide due process and do not interfere unjustly with family relationships, such as through wrongful death or the wrongful removal of children from parental care.

Federal and State Civil Rights Laws

Several landmark federal and state laws further protect civil rights, including:

• Civil Rights Acts of 1866, 1964, and 1991: These laws address discrimination based on race, color, religion, sex, and national origin.
• Americans with Disabilities Act: Protects individuals with disabilities from discrimination in various areas, including employment, public accommodations, and government services.
• Family and Medical Leave Act: Grants eligible employees the right to take unpaid, job-protected leave for family and medical reasons.
• State-Specific Laws: For example, the California Unruh Civil Rights Act and the Bane Act provide additional protections against discrimination and civil rights violations within the state.

Common Civil Rights Violations

Civil rights violations often take the form of discrimination or police misconduct:

Discrimination

Federal laws prohibit discrimination based on race, color, religion, national origin, sex, disability, and family status. Many states, including California, expand these protections to include other characteristics such as military/veteran status, sexual orientation, gender identity/expression, and age. Victims of discrimination may be entitled to damages and legal orders preventing further discriminatory behavior.

Police Misconduct

Police officers are held to high standards and must operate within the bounds of the law. When they fail to do so, they must be held accountable. Violations such as unlawful detention, false arrest, unlawful searches and seizures, and the use of excessive force are serious breaches of civil rights.

California Fair Employment and Housing Act (FEHA)

FEHA is one of the strongest anti-discrimination laws in the country. It prohibits employment discrimination based on:

• Race
• Religion
• Color
• National origin
• Ancestry
• Physical or mental disability
• Medical condition
• Genetic information
• Marital status
• Sex
• Gender
• Gender identity
• Gender expression
• Age
• Sexual orientation
• Military and veteran status

Why Choose The Schenk Law Firm?

• Personalized Attention: Each of our clients has a unique story to tell. Our job is to understand and tell it. You are not just another case. We take the time to understand your story and craft a legal strategy that’s tailored to your specific needs. We stand with you every step of the way, providing the advocacy and support you need during this difficult time.
• Comprehensive Investigations: When we take on your case, we begin by conducting thorough investigations to aggressively gather critical, relevant evidence including accident reports, witness statements, and analyses. This allows us to build a strong case and identify all liable parties, which can be used in negotiating a just settlement or while representing you in trial.
• Relentless Advocacy: We relentlessly pursue justice for our clients. We will not rest until we have explored every reasonable avenue to maximize your compensation. Your recovery is our top priority, and we fight tirelessly to ensure your rights are protected, holding those at fault responsible for their actions and securing the resources you need to recover for your losses.
• No Upfront Fees: We believe that financial concerns should never prevent you from getting the legal help you need. That is why we work on a contingency fee basis. We take on all the upfront financial risks of litigation. You do not pay, and we are not compensated, until we recover for your losses, through either settlement or trial. This ensures that you can focus on your recovery without the burden of paying legal fees before your case is resolved.

Seeking Justice and Compensation

No amount of money can ever truly compensate for the violation of your civil rights. However, taking legal action can offer financial relief and a sense of justice for you and your loved ones. The Schenk Law Firm is committed to guiding you through this challenging process with compassion, ensuring that you receive the compensation and recognition you deserve.

(FAQs)