Civil Rights & Constitutional Tort Litigation
The United States Constitution states that the citizens of this country are created equal, and the Civil Rights Act further defined and clarified the basic legal guarantees that are extended to all. Although these laws are well established and have been repeatedly tested and confirmed, many people still ignore them and attempt to take advantage of those who are less powerful. When people are discriminated against or denied their civil rights they are entitled to file a lawsuit against those who have violated their rights. Bochetto & Lentz are experienced civil rights attorneys who work on behalf of those who been victimized.
A civil rights violation is any action that interferes with the constitutionally protected rights of another. The laws are established to prevent discrimination based on race, gender, religion, age, physical limitation, national origin, and sexual preference. There are a number of different civil rights violations that are commonly filed. These include:
- Preventing equal access to public facilities
- Preventing equal access to housing, schools, recreation or transportation
- Denial of access to employment, business, education, services or government facilities due to physical barriers that violate the Americans with Disabilities Act
Filing a civil rights lawsuit or a claim for discrimination can be a complex process. In some cases it is required that a claim is filed with a federal or state agency before a private suite can be filed, and there are strict procedures in place with regard to the filing process. In cases of employment discrimination the Equal Employment Opportunity Commission must receive a complaint with 180 days of the alleged offense. If the EEOC determines that there is sufficient evidence to proceed, it will provide permission in the form of a right to sue letter so that a private suit can be filed. In cases of discrimination or other civil rights violations, a similar process for filing of a complaint with the state or the federal government may be in place. The knowledgeable law firm of Bochetto & Lentz has experience in filing suits for violations of the Americans with Disabilities Act and the Civil Rights Act, and can advise you of your rights and the process required to file your claim. In some cases a victim of civil rights violations is entitled to damages for emotional distress, punitive damages, and other expenses or losses related to their specific case..
When a civil rights violation is filed, the victim files a complaint that establishes the facts of the case in order to illustrate exactly what happened and how they were damaged as a result of the defendant’s actions. The burden of proof rests with the accuser, who has to establish through a “preponderance of evidence” that the defendant should be held responsible for their damages.
The Philadelphia law firm of Bochetto & Lentz can help you file suit for cases involving equal credit, disability rights, police misconduct, sexual harassment, religious freedom and many other violations. We will evaluate the specifics of your case and advise you as to the strength of your case and represent you should you choose to proceed.