Dedicated Austin Civil Rights Lawyers

Civil rights laws you should know

While the civil rights laws can get very complicated and often rely on the precedents set by past civil rights victories, there are two important concepts for you to note: 1983 claims and Monell claims. 

1983 claims 

Section 1983 of the Civil Rights Act of 1871 (42 U.S.C. § 1983) is the primary legal vehicle for seeking damages when civil rights have been violated by persons acting "under color of state law." This powerful federal statute allows citizens to sue government officials and entities directly in federal court. Some of its key stipulations include:

• The defendant must have acted "under color of state law," which essentially means acted as a government official or employee
• The action deprived the plaintiff of rights secured by the Constitution or federal law
• A direct causal link between the defendant's actions and the constitutional deprivation must exist
• Damages must have resulted from the violation

Section 1983 covers a wide range of constitutional violations, including excessive force by police, false arrest, malicious prosecution, deliberate indifference to medical needs, and First Amendment retaliation.

Monell claims

While Section 1983 allows suits against individual government actors, Monell v. Department of Social Services established that municipalities and local governments can also be held liable for civil rights violations when they result from official policies, customs, or practices. To succeed on a Monell claim, your civil rights attorney must prove that:

• A constitutional violation occurred
• The violation resulted from an official policy, custom, or practice of the municipality
• The policy or custom showed "deliberate indifference" to constitutional rights
• The policy or custom was the "moving force" behind the violation

Monell claims are particularly important because they target systemic problems rather than just individual misconduct. These claims can lead to institutional reforms that prevent future violations and address the root causes of civil rights abuses.

Some additional statutes that may provide you with civil protections include:

• Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, and national origin.
• The Americans with Disabilities Act, which prohibits discrimination against people with disabilities in employment, transportation, public accommodations, and government services.
• The Fair Housing Act, which prohibits discrimination in housing based on protected characteristics.
• The Voting Rights Act, which protects equal access to the ballot box
• Title IX of the Education Amendments of 1972, which prohibits sex discrimination in federally funded education programs.

What is a violation of civil rights?

A civil rights violation occurs when you are denied the rights and freedoms guaranteed by federal and state law based on protected characteristics like: 

Civil rights violations can stem from actions by government officials, law enforcement, employers, housing providers, or businesses providing public accommodations. They can take many forms, but some more common forms include:

• Police misconduct includes the use of excessive force, false arrest, unlawful searches, or harassment.
• Employment discrimination can include unfair hiring practices, harassment, unequal pay, and wrongful termination.
• Housing discrimination includes refusal to rent or sell, predatory lending, or discriminatory housing rules.
• Educational discrimination or denial of equal educational opportunities or services.
• Voting rights violations, which often present as voter suppression, gerrymandering, or ballot access restrictions.
• First Amendment violations, which can include suppression of free speech, religious discrimination, or interference with peaceful assembly.
• Americans with Disabilities Act (ADA) violations like failure to provide reasonable accommodations in employment, public services, or transportation.

What distinguishes civil rights violations from other legal matters is the fundamental nature of the rights at stake. When your civil rights are violated, it's not just a personal injury — it's an affront to the constitutional principles that form the foundation of our society.

Who investigates civil rights violations in Texas?

Civil rights violations in Texas are investigated by multiple agencies at both the federal and state levels, each with specific jurisdictions and enforcement powers.

The following is a list of the federal agencies that investigate civil rights violations in Texas.

The following is a list of the state agencies that investigate civil rights violations in Texas.

While these agencies play crucial roles in investigating civil rights violations, they have limitations in the recourse they can provide to those who have had their rights violated. Government agencies cannot always deliver the personalized attention, comprehensive investigation, or aggressive advocacy that a dedicated civil rights attorney can provide, and investigations often end without meaningful action or with minimal consequences for the violators.

This is why having a private Austin civil rights lawyer is essential: we conduct our own thorough legal research, gather evidence that agencies might overlook, and pursue all available legal avenues to secure justice and compensation for our clients.

When your rights have been violated, you deserve an advocate who will fight exclusively for your interests — not an overworked government investigator juggling countless cases.

Types of civil rights violations

Civil rights violations can come in countless forms, and constitutional rights are violated in new ways every single day, but there are some common situations. The main categories of civil rights violations include:

• Law enforcement misconduct: excessive force, false arrest or imprisonment, malicious prosecution, failure to intervene, deliberate indifference to medical records, and illegal searches and seizures.
• Employment discrimination: discriminatory hiring, firing, promotion, or compensation packages; workplace harassment; retaliation for reporting discrimination; and failure to provide reasonable accommodation for disabilities. 
• Institutional discrimination: discrimination in education or housing settings, discrimination in public accommodations, and voting rights violations. 
• Constitutional violations: First Amendment violations related to free speech and religious freedoms, equal protection violations, and due process violations. 

If you think your civil rights have been violated, and you don’t see your case on the following list, don’t hesitate to call an experienced attorney for a consultation. 

At Smith & Vinson Law Firm, we approach each civil rights case with the same bold, fearless advocacy that has defined our practice. We understand that these violations often involve powerful institutions and government entities with significant resources at their disposal, and we do everything we can to level the playing field.

How do I find a good civil lawyer?

The right Austin civil rights attorney can make all the difference in the outcome of your case. You can’t rely on the system to make things right, so make sure you put an attorney you can rely on in your corner. When looking for a good civil rights lawyer, be sure to look for:

1. Experience in civil rights litigation. Civil rights law is a specialized field requiring specific knowledge and experience.
2. Trial experience. Although civil rights cases are resolved through settlement, the best outcomes often occur because the opposing party knows your attorney is prepared and capable of taking your case to trial.
3. Resources and support. Civil rights cases often involve powerful defendants with substantial resources at their disposal — your attorney should be able to go head-to-head with them.
4. Client testimonials and reviews. Research your attorney’s reputation and see what past clients have to say. (See Smith & Vinson Law Firm reviews)
5. Personal fit. At the end of the day, you deserve to feel comfortable with your attorney and confident in their commitment to your case. During your initial consultation, you’ll want to sense their genuine concern, passion, and eagerness to get started.