What Counts as a Civil Rights Violation?
A civil rights violation occurs when someone's legally protected rights are infringed, such as unreasonable searches, excessive force or denial of free speech by government officials, or discrimination based on protected characteristics like race, sex, religion, national origin or disability in employment, housing, education, public accommodations and government programs. Remedies include complaints to agencies and lawsuits, including under 42 U.S.C. 1983 against state and local officials.
Civil rights are protections for individuals against unfair treatment by the government and, in many contexts, by private parties (Cornell LII).
Constitutional rights violations by government
Examples involving police, jails, schools or other government actors:
- Excessive force or unreasonable searches and seizures (Fourth Amendment)
- False arrest or malicious prosecution
- Retaliation for protected speech or protest (First Amendment)
- Denial of due process or equal protection (Fourteenth Amendment)
- Cruel and unusual punishment or deliberate indifference to medical needs in custody
People can sue state and local officials for these violations under 42 U.S.C. 1983. Suing federal officials is much more limited.
Discrimination laws
Federal statutes prohibit discrimination in:
| Area | Examples of laws |
|---|---|
| Employment | Title VII, ADA, ADEA; see filing a discrimination complaint |
| Housing | Fair Housing Act; see what a landlord cannot do |
| Public accommodations | Title II of the Civil Rights Act bars discrimination based on race, color, religion or national origin in hotels, restaurants and entertainment venues (42 U.S.C. 2000a); the ADA covers disability |
| Education | Title VI, Title IX |
| Voting | Voting Rights Act |
| Government programs | Title VI, Section 504 of the Rehabilitation Act |
States and cities often add protected categories.
Not every unfair act is a civil rights violation
Rudeness, general unfairness, or private conduct not covered by a statute may not be actionable. Many constitutional protections apply only to government action.
Penalties and remedies
- Civil lawsuits for damages, injunctions and attorney fees under many civil rights laws
- Agency enforcement by the EEOC, HUD, the Education Department or the Justice Department
- Criminal prosecution for willful deprivation of rights under color of law, in serious cases
Deadlines
Deadlines vary greatly: some agency complaints must be filed within 180 days, and Section 1983 claims borrow the state's personal injury limitations period, often two or three years.
How to report
Report to the relevant agency, and potential federal violations to the Justice Department's civil rights reporting portal (DOJ). See how to report police misconduct.
A civil rights lawyer can identify the right law and deadline.
Sources
- Cornell Law School LII: 42 U.S.C. 1983, Civil action for deprivation of rights
- Cornell Law School LII: 42 U.S.C. 2000a, Prohibition against discrimination in places of public accommodation
- Cornell Law School LII: Civil rights
- U.S. Department of Justice: Department of Justice launches civil rights reporting portal
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.