Category Archives: Civil Rights
Considering Suing A Police Department For Excessive Force? Three Things You Need To Know
Law enforcement officers are tasked with the duty of protecting and serving. When force is used against a civilian, there must be a good reason. The Law Enforcement Epidemiology Project estimates that 250,000 people nationwide are injured by police officers each year. A person injured by a police officer may have an excessive force… Read More »
Jacksonville Sheriff’s Office Investigating Arrest That Went Viral—Allegations Of Police Brutality
According to a report from Yahoo News, the Jacksonville Sheriff’s Office is actively investigating an arrest that went viral amidst allegations of police brutality. The family reports that 24-year-old Le’Keian Woods sustained serious injuries in the arrest. Here, our Florida civil rights attorney offers a more detailed overview of what we know about the… Read More »
Study: Three Percent Of Police Officers In Florida Previously Fired By Another Department
As a society, we empower and trust the police to protect and severe. Unfortunately, police officers and law enforcement agencies do not always uphold that trust. Police brutality remains a serious problem. Police officers who violate the rights of citizens must be held accountable. A recent study published in the Yale Law Journal finds… Read More »
Report: Florida’s Police Misconduct Database Fails To Show Many Complaints
A significant amount of public attention has been put on the issues of police brutality and police misconduct in recent years. People from communities all across the country are demanding more accountability and greater transparency. As part of the state response to the public outcry, Florida officials created a new law enforcement misconduct database…. Read More »
When Can You Sue A Police Department For Excessive Force?
Sadly, police brutality and excessive force by law enforcement officers remains a serious problem. A study cited by the Bureau of Justice Statistics (BJS) found that nearly 1 million of the 53 million people who had interactions with law enforcement over a one year period endure excessive force or threats of excessive force. Police… Read More »
U.S. Supreme Court Holds “Affirmative Indication Of Innocence” Not Required To Sue Police Officers For Civil Rights Violations
Far too many Florida residents have been arrested and charged with crimes that they did not commit. In some cases the innocent victims of such malicious prosecution can file a federal civil rights lawsuit and seek compensation. And thanks to a recent United States Supreme Court decision, such claims are now easier to pursue…. Read More »
Proving Race Discrimination With Circumstantial Evidence
Proving illegal employment discrimination can be tricky. In many cases there is no “direct” evidence of discrimination–i.e., your boss said you are fired because you are Black. That is why Florida courts permit plaintiffs in these cases to prove discrimination entirely through circumstantial evidence. The most common way to do this is by satisfying… Read More »
Supreme Court Says Two Muslims May Sue Homeland Security Agents for Illegally Placing Them on “No Fly” List
Since the September 11 attacks nearly 20 years ago, Muslims living and working in the United States have faced an increasing barrage of attacks on their basic civil rights. Recently, the United States Supreme Court unanimously took an important stand on behalf of Muslims when it held that two men could sue the Department… Read More »
Florida Governor Announces Legislation That Criminalizes Protesting
In late September, Florida Gov. Ron DeSantis announced new legislation here in Florida that would create new criminal offenses and penalties for those who “participate in disorderly assemblies,” or rather, punish those who protest. Titled the “Combating Violence, Disorder and Looting and Law Enforcement Protection Act,” some text of the bill is highly questionable… Read More »
Federal Agents Deployed to Cities to Arrest Non-Violent Protesters Under Questionable Circumstances
The federal government recently deployed federal agents with the Department of Homeland Security to Portland, Oregon, a number of which then arrested protesters without warrants and identification badges, and placed them into unmarked SUVs. They also indiscriminately used acoustic weapons, rubber bullets, and tear gas against non-violent protesters, legal observers, and journalists, which has… Read More »
Many Charged with Unlawful Assembly in Florida for Protesting After George Floyd’s Death
With protests erupting all over the country, including here in Florida, many are being arrested on a daily basis and charged with unlawful assembly and resisting police – a second-degree misdemeanor – in connection with these activities. Several have also had additional charges added on, including battery on a law enforcement officer, criminal mischief,… Read More »
A New Civil Rights, Racial Profiling Issue During the Pandemic: Being Arrested for Wearing a Mask—While Being Black
A serious civil rights and police misconduct issue has come up during the coronavirus pandemic, and involves innocent African American men being arrested for wearing masks in accordance with recommendations made by the Centers for Disease Control (CDC). For example, earlier in April, an officer in Miami arrested a black man who was wearing… Read More »
Florida’s Proposal to Create a Prison-Within-A-Prison During Pandemic Arguably Violates Prisoners’ Eighth Amendment Rights
In early May, a proposal to create a separate category of prison within Florida’s central prison system–an area referred to as an “administration management unit” (AMU)–was put forth, whereby “troublemakers” within the prison would reportedly be segregated from the rest of the general prison population. Critics have indicated that it represents the administration’s attempt… Read More »
The First Amendment On Trial
The US supreme court has been petitioned to review an incredibly important First Amendment free-speech case, McKesson v. Doe. The case involves a police officer who was allegedly assaulted at a black lives matter protest, and who is now seeking damages against the individual who organized the protest even though he had nothing to… Read More »
Federal Appeals Court Rules in Favor of Trans Students’ Civil Rights, While Florida Still Waits for 11th Circuit Ruling On Issue
In February, another federal appeals court (the Ninth Circuit) ruled that allowing transgender students to use certain restrooms and locker rooms does not violate the rights of other students, citing another victory for civil rights. Those who brought the lawsuit challenged one school’s protection of trans students’ rights to use the bathroom or locker… Read More »
11th Circuit Weighs Whether To Keep Injunction In Place Allowing Ex-Felons To Vote In Spite Of Owing Financial Debt
The fight for voting rights to be restored to ex-felons pursuant to what the voters of Florida passed via Amendment 4 returned to the courts as the 11th U.S. Circuit Court of Appeals was recently asked to set aside the temporary injunction placed on legislation passed by Republicans mandating that they pay any fines… Read More »
11th Circuit Finds Florida’s Law Limiting Felons’ Ability to Vote Based On Status of Fines Unconstitutional
In late February, the 11th Circuit Court of Appeals held that Florida’s law limiting voting rights for those who have previous convictions simply because they had unpaid fines and fees was unconstitutional because conditioning the right to vote based on someone’s wealth violates the US Constitution’s Equal Protection Clause of the Fourteenth Amendment. As… Read More »
U.S. Supreme Court to Hear Cases On Whether Religious Employers Are Exempt from Civil Rights Laws
The U.S. Supreme Court will soon hear two new cases involving the question of whether religious employers are exempt from certain civil rights laws; i.e. if they can engage in blatant discrimination and violate employment laws, for example, while claiming that they are protected in engaging in those activities by the First Amendment. The… Read More »
Judge Temporarily Blocks Florida Law Eliminating Ex-Felon’s Right to Vote Due to Outstanding Fees
In late October, a Florida judge temporarily blocked the new law that prevents ex-convicts from voting in the state until they have paid all fines fees and restitution; a law that has been called a “poll tax” by a number of civil rights advocates. According to the judge, the law could very well be… Read More »
The Time Is Now for Florida & Other States to Protect Citizens Against an Intrusion of Our Rights by Facial-Recognition Technology
According to the number of experts, facial recognition technology – such as Amazons artificial intelligence tool “Rekognition,” which is used by a number of law-enforcement agencies – is currently the biggest threat to our privacy and civil rights. The systems identify you by matching your facial dimensions against a giant database of photos. The… Read More »
The U.S. Supreme Court Will Hear a Case That in Instrumental in Our Fourth Amendment Rights Staying Protected
The US Supreme Court will soon hear a case that could have drastic impacts on our Fourth Amendment rights when it comes to police being able to pull people over due to reasonable suspicion. Specifically, the Court will decide whether pulling someone over if a police officer runs a car’s plates and it shows… Read More »
Civil Rights Lawsuit Filed Against Florida’s Ban On Sanctuary Cities
On July 16, Florida’s Attorney General and governor were sued by several organizations, businesses, and cities in Florida, challenging the law passed banning sanctuary cities and forcing police to enforce federal immigration law. The complaint filed alleges that the law implicates civil rights violations, racial profiling, and unjust deportations due to the what is… Read More »
Florida Governor Expected to Sign Bill Making It Difficult for Ex-Felons to Vote
In May, Florida governor Ron DeSantis indicated that he would sign a bill that requires all ex -felons in the state to first to pay all financial obligations before they have their right to vote restored under Amendment 4, which was passed by an overwhelming number of Floridians last year. Critics of the bill… Read More »
Florida Judges Will Soon Weight Whether State Of Florida’s Restrictions On Localities With Respect To Gun Laws Violates Their Rights
Florida circuit judges will soon hear arguments concerning the constitutionality of state law that imposes significant penalties on local officials when it comes to gun regulations. The case is based on Florida’s laws that bar localities from passing regulations that are stricter than what the legislature passes in terms of state fire laws. The… Read More »
Florida April 2019 Legislative Update: Wireless Devices In Florida
Below, we discuss two important legislative updates in Florida: One that involves interfering with Amendment 4 by forcing ex-felons to pay fees before having their voting rights restored, and the other which criminalizes certain activities involving wireless devices in certain areas of Florida. House Passes Legislation Effectively Disenfranchising Ex-Felons in Spite of Amendment 4… Read More »
