Anyone who had their civil rights violated by the police or another governmental group can hire a Santa Fe civil rights lawyer to fight those violations. Civil rights violations can happen during an arrest, any interaction with law enforcement, or in any situation where someone is harassed, subjected to excessive force, or injured due to certain protected characteristics.
Civil rights attorneys understand state and federal civil rights laws. The New Mexico Civil Rights Act, the Federal Civil Rights Act of 1964, and other state laws bestow protections to New Mexicans whose constitutional rights have been violated by the government and its employees.
Anyone who was harmed, harassed, or retaliated against by a government employee can work with a civil rights lawyer. Depending on the nature of the violation, the victim can file a complaint or take legal action in Santa Fe, New Mexico court.
The two main courses of action a civil rights attorney can take are administrative action and a civil rights lawsuit. An administrative action is a formal complaint filed with a governmental agency tasked with enforcing civil rights.
Many administrative actions are filed with the New Mexico Human Rights Bureau or the Equal Employment Opportunity Commission, the federal agency responsible for enforcing federal laws that prohibit employment discrimination. If the administrative action fails to address the misconduct, a civil rights attorney may sue the at-fault party through a lawsuit. Either course of action could result in:
Each civil rights case is unique, with outcomes heavily influenced by the specific facts, the severity of the violation, and the legal arguments made. Consulting with an experienced attorney is crucial for understanding the potential and most appropriate outcomes for your particular situation.
A civil rights attorney can increase the chances that you will be successful in receiving compensation for your civil rights violation and holding the at-fault person accountable for their actions. Filing administrative complaints and lawsuits is complicated and time-consuming work, and there is room for error in legal matters.
Your attorney can start by reviewing your case to see what the optimal course of action should be. The civil rights attorney could violate state law, federal law, or both. Sometimes, the correct course is not to jump into a lawsuit. Depending on the facts of your case, the first step could be to go through an administrative process first.
A civil rights attorney can handle most, if not all, of the paperwork on your behalf and keep you updated on how the process is going. When a settlement offer or similar offer of relief is made, your attorney can provide insight and advice on whether to accept that settlement. Your lawyer always has your interests in mind.
A: Anyone seeking relief through the Civil Rights Act in New Mexico has three years to file a complaint. The three-year deadline is measured from the most recent incident where a government employee violated the civil rights of a state resident. When a case is filed within the three-year deadline, the plaintiff can seek monetary compensation, attorneys’ fees, and other forms of relief. If a New Mexico Civil Rights Act claim is made against a law enforcement agency, notice to the agency of a possible claim must be made within one year of the violation of rights.
A: When your civil rights are violated, you can take steps to protect your rights and hold the at-fault party accountable by hiring a civil rights attorney. Beyond hiring an attorney to represent you in court or an administrative action, you can gather evidence that strengthens your case. These could be copies of communications between you and the at-fault party, contact information of witnesses, or photographic or video evidence.
A: The New Mexico Civil Rights Act allows residents to file civil claims against government entities for violations of the rights secured by the New Mexico Bill of Rights. Before passage of the act, sovereign or qualified immunity often prevented such claims. The law now holds government bodies and officials accountable for violating the rights of New Mexicans. This law also helps victims of police misconduct seek compensation.
A: Yes. The statute of limitations for different claims vary, as do the notice requirements for such claims. An experienced attorney can advise you regarding when and how you may file a claim against law enforcement.
If an authority figure violated your or a loved one’s civil rights, call Egolf + Ferlic + Martinez + Harwood, LLC, to speak to one of our lawyers. Our civil rights lawyers review your case, consider what the optimal course is, and develop a strategy that works to maximize the compensation you can receive for your injuries. You can contact our team online to request a consultation, and someone will reach out to you soon.
Egolf + Ferlic + Martinez + Cox, LLC, is fiercely dedicated to maximizing our client’s compensation for injuries or the death of a loved one. We are ready to fight for your rights until you get the compensation you deserve. To schedule a consultation, call 505-986-9641 or complete our simple online form.
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