Civil Rights Attorney in New York

As a civil rights law firm based in New York, the Law Offices of Albert Goodwin is dedicated to assisting victims in securing the just compensation they are entitled to when their civil rights have been violated.

Understanding Your Civil Rights

Where Do Civil Rights Come From?

Civil rights in the United States are derived from several sources, including Constitutional Amendments, Federal Laws, and State and Local Laws. The First Amendment guarantees freedom of speech, religion, and press, while the Fourth Amendment protects against unreasonable searches and seizures. The Fifth Amendment ensures the right to due process and protection against self-incrimination, and the Fourteenth Amendment provides equal protection under the law. Federal laws such as the Civil Rights Act of 1964, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), and Fair Housing Act prohibit discrimination based on various factors, including race, color, religion, sex, national origin, disability, age, familial status, and more. At the state level, the New York State Human Rights Law prohibits discrimination based on age, race, creed, color, national origin, sexual orientation, military status, sex, marital status, or disability, while the New York City Human Rights Law offers even broader protections against discrimination than state and federal laws.

What Are Civil Liberties?

Civil liberties are individual rights and freedoms guaranteed by the Constitution and laws, such as freedom of speech and expression, freedom of religion, the right to privacy, the right to bear arms, and the right to a fair trial. These liberties also provide protection against government overreach and abuse of power, including protection against unreasonable searches and seizures, cruel and unusual punishment, and the right to due process and equal protection under the law. It is important to note the distinction between civil rights and civil liberties: civil rights focus on ensuring equal treatment and preventing discrimination, while civil liberties emphasize individual freedoms and protections against government interference.

New York Civil Rights Lawyer: How We Help

The Law Offices of Albert Goodwin handles a wide range of civil rights cases, including:

• Prison abuse and prisoners' rights violations
• Sexual assault in prisons
• Prison injuries
• Medical malpractice in prisons
• Wrongful death in prison
• Police misconduct
• Sexual assault in police custody
• Medical malpractice in police custody
• Employment discrimination
• Foster care abuse
• Wrongful conviction
• Wrongful arrest
• Misconduct by city officials

Protecting the Constitutional Rights Of Prisoners

Sexual assault, injuries, and medical malpractice are serious concerns in prisons, often resulting from:

• Abuse of power and authority by correctional officers
• Failure to properly classify and separate inmates based on risk factors
• Inadequate supervision and monitoring of inmate interactions
• Overcrowding and lack of resources contributing to increased violence
• Ignoring or dismissing reports of threats or previous assaults
• Lack of proper risk assessment and protective measures
• Placing vulnerable inmates in general population or high-risk areas
• Failure to properly collect and preserve evidence of assaults
• Discouraging or retaliating against inmates who report assaults
• Lack of transparency and accountability in the investigation process
• Insufficient training and resources for investigators and prosecutors
• Unsafe conditions, such as inadequate lighting and signage in common areas
• Lack of proper maintenance and repair of flooring, stairs, and handrails
• Failure to clean up spills or address hazardous conditions in a timely manner
• Malfunctioning or outdated exercise equipment
• Inadequate safety measures on work-related machinery
• Lack of proper training and supervision for inmates using equipment
• Failure to intervene in fights or altercations
• Inadequate staffing levels to monitor and control inmate behavior
• Lack of timely medical attention for injuries sustained in assaults
• Inadequate initial screenings and assessments of inmates' health
• Delay in referring inmates to specialists or outside medical providers
• Lack of follow-up care and monitoring of chronic conditions
• Long wait times for appointments and procedures
• Failure to respond to urgent medical requests or emergencies
• Understaffing and lack of resources in prison medical facilities
• Overreliance on psychotropic drugs for behavior control
• Failure to consider potential drug interactions or side effects
• Inadequate monitoring and adjustment of medication regimens
• Lack of qualified mental health professionals on staff
• Failure to provide therapy, counseling, or support groups
• Overuse of solitary confinement for inmates with mental health issues
• Inadequate suicide prevention measures and crisis intervention

Understanding Police Misconduct and Pursuing Civil Rights Claims in New York

Excessive use of force by police can take many forms, including:

• Physical assault and battery, such as punching, kicking, or beating suspects during arrest or detention
• Using chokeholds or other dangerous restraint techniques
• Slamming suspects against walls, floors, or vehicles
• Unjustified use of weapons, such as shooting unarmed or non-threatening individuals
• Using tasers or pepper spray without proper justification
• Deploying tear gas or rubber bullets in non-violent situations
• Engaging in confrontational or aggressive behavior
• Ignoring opportunities to resolve conflicts peacefully
• Failing to use proper communication and negotiation techniques to de-escalate situations

False arrest, imprisonment, and malicious prosecution by police can also take many forms, including:

• Making arrests without probable cause or sufficient evidence
• Arresting individuals based on hunches or personal biases
• Fabricating or exaggerating circumstances to justify arrests
• Holding individuals in custody without proper legal authority
• Refusing to allow detainees to contact attorneys or family members
• Failing to promptly bring detainees before a judge for arraignment
• Pursuing criminal charges without sufficient evidence
• Withholding exculpatory evidence from defense attorneys
• Coercing witnesses or suspects to provide false testimony

Racial profiling and discrimination by police can occur when:

• Stopping, searching, or arresting individuals based on race
• Using race as a primary factor in deciding whom to investigate
• Subjecting people of color to more frequent and invasive searches
• Applying different standards of suspicion based on race
• Issuing more citations or arrests in communities of color
• Imposing harsher penalties or sentences for similar offenses
• Failing to investigate crimes or complaints in certain neighborhoods
• Using racial slurs or derogatory language
• Engaging in stereotyping or making assumptions based on race
• Failing to address implicit biases through training and accountability

Planting evidence or falsifying reports by police can take many forms, including:

• Carrying "throw-down" weapons or drugs to plant at crime scenes
• Secretly placing evidence in suspects' pockets or vehicles during searches
• Claiming to have found evidence that was not actually present
• Exaggerating or fabricating probable cause for arrests in police reports
• Omitting exculpatory evidence or conflicting witness statements from reports
• Altering or destroying video or audio recordings of incidents
• Lying under oath about the circumstances of arrests or searches
• Providing false or misleading information to secure convictions
• Coordinating testimony with other officers to maintain consistency

You may have a civil rights claim if you experienced any of the above forms of police misconduct.

Employment Discrimination & Retaliation

Employment discrimination and retaliation can take many forms, including:

• Age discrimination
• Sex and gender discrimination
• Sexual orientation discrimination
• Racial discrimination
• National origin discrimination
• Sexual harassment

Retaliation occurs when an employer takes adverse action against an employee for engaging in protected activities, such as filing a discrimination complaint, participating in an investigation, or opposing discriminatory practices. Retaliatory actions may include demoting, transferring, or firing employees who speak out against discrimination, reducing their hours or pay, subjecting them to increased scrutiny or discipline, or providing negative references to potential future employers. Employers may also engage in more subtle forms of retaliation, such as excluding employees from important meetings, projects, or social events, denying them access to resources or training opportunities, or creating a hostile or uncomfortable work environment to force them to quit.

If you have experienced violations of civil rights, you can call us at 212-233-1233 or send us an email at [email protected]. We represent victims of civil rights violations throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York.