Metro Detroit and Grand Rapids

Civil Rights Defense Litigation

Civil Rights Defense Litigation involves lawyers defending individuals, businesses, or government entities (especially law enforcement) against claims of violating constitutional rights, covering issues like discrimination, police misconduct, free speech, and equal treatment, using the complex federal/state court system to research, argue, and settle disputes, aiming for fair treatment and policy changes. 
What it covers
  • Discrimination: Based on race, gender, religion, sexual orientation, disability.
  • Police Misconduct: Excessive force, wrongful arrests, high-speed chases, wrongful shootings, abuse.
  • Constitutional Rights: Free speech, voting rights, fair housing, due process.
  • Government/Institutional Actions: Issues within prisons, schools, labor, and public accommodations. 
Key aspects of defense
  • Representation: Defending police departments, officers, government agencies, or even individuals accused of civil rights violations.
  • Process: Involves extensive research, drafting legal documents, discovery (depositions), motion arguments, and negotiations.
  • Goals: To protect clients from liability, ensure due process, and sometimes shape policy or provide training for risk management.
  • Legal Basis: Often involves federal laws like 42 U.S.C. § 1983, allowing citizens to sue government employees for rights violations. 
How it differs from plaintiff’s work
  • While plaintiffs sue for violations (seeking compensation/injunctions), defense attorneys counter these claims, ensuring fair application of the law and protecting their clients from unwarranted suits. 
In essence, civil rights defense ensures that even as rights are enforced, individuals and institutions have proper legal representation against potentially complex and high-stakes civil rights claims.