Civil Rights FAQ

What Types of Cases Do Civil Rights Lawyers Handle?

Examples of common cases include:

• Police misconduct, including harassment, abuse, illegal search and seizure, false arrest, false imprisonment, coercion, and violations of due process
• Personal injuries inflicted by law enforcement or other government entities
• Sexual assault and harassment
• Employer discrimination and wrongful termination, frequently on the basis of sex, gender, race, sexual orientation, and other protected status
• Violations of First Amendment rights by a governmental or government-affiliated institution
• Violations of Fourteenth Amendment rights, often committed by states or municipalities acting in contrast to the letter of federal law
• Voting rights violations, including improper denial of voting rights as well as unlawful limitations to voting access, or acts of intimidation or coercion
• Denial of benefits or other forms of relief by government institutions when enacted in an arbitrary or discriminatory fashion
• Denial of access in violation of the Americans With Disabilities Act

How Long Do I Have to File a Civil Rights Lawsuit?

The time you have to file a claim or lawsuit depends on the nature of the alleged violation and the named parties involved. There are also different periods allotted for different states and for federally involved cases.

It is recommended to review Illinois statutes of limitations for claims arising from situations that occurred at entities located in the state. For example, claims involving Discrimination, Abuse of Process, Administrative Law Rule Challenges, Public Utilities, and Conversion (including Takings) have just two years. Other tort and civil rights claims may have a window of up to 7 years. Claims involving government liability for personal injury often have a 30–60-day window to report and file an initial claim.

It is important to act quickly by reaching out to an experienced civil rights attorney once you realize that you have a claim, regardless of how much time has passed. It can take longer than expected to assemble all the needed documentation and evidence. Further, you may have grounds to have your statute of limitations period extended under certain circumstances.

How Do Civil Rights Lawyers Get Paid?

A civil rights lawyer may get paid in one of three main ways:

• Contingency arrangements allow someone to obtain representation at no up-front cost and with no risk to them. Their attorney only gets paid if they are able to secure damages and other forms of compensation, taking a set percentage from the final settlement or award amount.
• Retainer agreements allow someone to secure the services of an attorney up to a set date or expected outcome based on the likely amount of hours it will take the attorney to reach that milestone. The retainer fee is based on the hourly amount set aside by the attorney multiplied by their rate plus any calculated expenses. A retainer can be renewed or extended depending on the timeline of the case and the preferences of the client.
• Flat fee agreements are often provided for procedures with a highly predictable outcome and process, such as administrative ruling appeals or applications for the restoration of certain rights. Many civic-minded attorneys are willing to discount their typical rates, at their sole discretion, for such cases, which involve a definite loss of rights but no substantial damages. Some attorneys also provide pro bono or for-cost representation, volunteering their time for a cause they care about. Since experienced attorneys’ time is often limited, these volunteer-based services are often rendered by junior or inexperienced attorneys.