Civil Rights Claim

If an individual wants to file a civil rights claim, the first step is to hire professional legal counsel. An attorney who specializes in civil rights law will assist his or her client throughout the process. Knowing the remedies or what an individual can sue for is also critical information to understand before filing a suit. A lawyer who has studied Constitutional law for many years will understand these remedies and be able to give an accurate assessment of an individual's probability of winning a case. Then, the legal expert will help his or her client to decide whether to file in a state or federal court. An individual may feel that a judge in a state court will be biased, if he or she is suing the state, but if he or she chooses to sue in the federal court, then the offending state may claim that the suit is barred by the 11th amendment.

Fast Facts

  • The 11th Amendment says that a state cannot be sued in a federal court by someone of another state or country. It was ratified in 1795.
  • In either state or federal courts, there may be a lengthy appeals process that the plaintiff and defendant must go through after a trial. This can be complicated and overwhelming to the layperson.

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Articles

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