What counts as a civil rights violation
The U.S. Constitution limits what government officials can do. A federal civil rights law allows people to bring a lawsuit when someone acting for a state or local government violates those rights. Examples include:
- Excessive force during an arrest, stop, or protest
- False arrest without probable cause
- Unlawful searches of a person, car, or home
- Malicious prosecution, when charges are brought without probable cause and later end in your favor
- Denial of medical care or unsafe conditions in a jail
- Retaliation for protected speech, such as filming the police or filing a complaint
- Discrimination by a government agency
Not every bad experience with police is a civil rights violation. The question is whether the conduct crossed a line the Constitution sets.
Claims against federal officers, such as federal agents, follow different and narrower rules. Claims against private businesses, such as a store’s security guard, may fall under ordinary injury law instead, unless the guard was acting with or for the government.
Qualified immunity and other defenses
Individual officers often raise qualified immunity. In plain terms, this defense can protect an officer from personal liability unless the officer violated a right that was clearly established by earlier court decisions at the time. This defense is raised often and can end a case early, so the facts need to be developed carefully.
Claims against a city, county, or sheriff’s office follow different rules. A local government is generally responsible only when the violation came from its policy, custom, training, or decisions made by someone with final authority, not just because it employed the officer. State agencies have other protections. North Carolina’s own constitution and state law may provide other claims in some situations.
If you have a criminal case too
Civil rights claims often arise from an arrest. If you are still facing charges, be careful:
- What you say about the incident can be used in the criminal case.
- How the criminal case ends can affect the civil claim. A conviction can limit or bar some civil claims.
- Some claims, such as malicious prosecution, depend on the criminal case ending in your favor.
Our firm handles criminal defense as well as civil rights claims, which lets us look at both cases together. The criminal case usually comes first.
Evidence to save
- Photos of your injuries, taken over several days
- Medical records from any treatment
- Names and contact information of witnesses
- Your own video, and the names of anyone else who filmed
- Jail paperwork, property receipts, and booking records
- A written timeline made as soon as possible
Police body and dash camera recordings are often key evidence. Under G.S. 132-1.4A, law enforcement body and dash camera recordings are not public records. A person in the recording, or that person’s North Carolina lawyer with consent, may ask in writing to view it. Getting a copy generally requires a superior court order. Recordings are kept under a state schedule, so asking early matters.
Complaints to the department
You may want to file a complaint with the police department or sheriff’s office. That can be a reasonable step, but anything you write or say becomes a statement that can be used later, including in a criminal case. Talk with a lawyer before you file a complaint or give an interview to internal affairs.
If you do file a complaint, keep a copy, note the date, and write down the name of anyone you speak with.
Where these cases are filed and deadlines
Many civil rights cases are filed in federal court. In this part of North Carolina, that is the U.S. District Court for the Middle District of North Carolina, with appeals to the Fourth Circuit. Attorney Micah E. Huggins practices in both courts. Some claims may be brought in state court.
Civil rights claims have filing deadlines, and some claims against government bodies have extra notice rules. Do not wait to get advice.
Evidence such as video can also be lost with time.
Fees and next steps
We explain our fee in writing before you hire us. We investigate rather than process, we don’t accept the police report as fact, and we tell clients the hard truth about their claims.
Call (336) 281-2008 or request a consultation online. Bring photos, medical records, any charging papers, and your timeline. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
Can I sue the police for excessive force in North Carolina?
You may be able to bring a federal civil rights claim if an officer used force that was unreasonable under the circumstances. Officers often raise qualified immunity, and the facts and evidence matter a great deal. Talk with a lawyer early so evidence can be preserved.
What is qualified immunity?
It is a defense that can protect an individual officer from personal liability unless the officer violated a right that was clearly established at the time. It does not apply the same way to every claim or every defendant.
Should I file a civil rights claim while my criminal case is pending?
Usually the criminal case should be handled first. Statements in a civil case can be used in the criminal case, and the outcome of the criminal case can affect the civil claim. Talk with a lawyer who can look at both.
How do I get police body camera video in NC?
Under G.S. 132-1.4A, a person in the recording, or that person's North Carolina lawyer with consent, may ask in writing to view it. Getting a copy generally requires a superior court order.
How long do I have to file a civil rights lawsuit?
Civil rights claims have filing deadlines, and some claims against government bodies have extra notice rules. The deadline depends on the claim. Talk with a lawyer soon.