Did the Government Violate Your Rights Near You? A Civil Rights Lawyer Explains Your Power.

Here at Huggins Law Firm, P.C., we believe that everyone—no matter who they are or where they live—deserves to be treated fairly and with respect. When you feel like the system is rigged against you, whether it’s by the police in High Point or by an unfair boss in Asheboro, that feeling of frustration and helplessness can be awful.

There is nothing more frustrating than having your fundamental rights violated and feeling powerless to fight back against injustice or discrimination.

Our experienced team knows that a civil rights case is often the only way for the “little guy” to stand up to big government or powerful companies. We are here to help you get your power back and make sure justice is served right here in North Carolina.

What Are the Most Common Ways Civil Rights Are Broken in North Carolina?

Civil rights law is very broad, but most cases fall into two major areas in cities like Greensboro and Kernersville:

1. Police Misconduct and Excessive Force

When the police arrest you, they can use force, but only if it’s necessary and reasonable. “Excessive force” happens when an officer uses more force than required, leading to injury, false arrest, or even death.

• Unlawful Search and Seizure: The police must have a good reason (probable cause) to search you or your property. If they search you illegally, they have violated your Fourth Amendment rights.
• False Arrest/Wrongful Imprisonment: Being arrested without a legal basis or detained for longer than allowed is a major violation.
• Jail Abuse: We see this often. If you or a loved one is in custody and the jail staff ignores serious medical needs or mental health crises, that is a violation of your rights.

2. Discrimination (Employment and Housing)

Federal laws, like the Civil Rights Act of 1964, and North Carolina state laws protect you from being treated unfairly based on things like your race, religion, sex, age, or disability.

• Employment Discrimination: Losing a job, not getting hired, or being passed over for a promotion because of one of the protected traits is illegal.
• Fair Housing Violations: Being denied an apartment or home loan in Burlington or Graham because of your race or family status is a civil rights violation.

Why Is Section 1983 the Best Legal Tool to Fight Back Near Me?

When you sue a police officer, a jail, or a government agency for violating your rights, you usually use a powerful federal law called Section 1983.

• What it does: Section 1983 allows you to sue the government (or government officials) for damages—money—when they violate your constitutional rights. This is the best tool available for holding institutions accountable.
• What rights are protected: This law covers a huge range of rights, including freedom of speech (First Amendment), freedom from illegal search (Fourth Amendment), and the right to due process (Fourteenth Amendment).

Little-Known Stat: In North Carolina, the issue of deaths in custody is a major crisis. In 2020, 56 people died in North Carolina jails, which was a record high at the time, despite reduced jail populations during the pandemic. (Source: Disability Rights NC). Experts point to inadequate mental health and medical care as the cause. This horrifying statistic shows exactly why experienced lawyers are desperately needed to investigate these jail failures.

You can learn how your rights are protected during an arrest by checking out our Criminal Law page at https://www.micahhuggins.com/criminal-law.

How Do Local Discrimination Stats Impact Civil Rights Cases in the Triad?

The history of fighting for civil rights runs deep in the Triad. Greensboro, after all, is the birthplace of the famous 1960 sit-ins. While laws have changed, problems with fairness still exist. We track local data to find the best defense for our clients.

• Police Violence Disparity: In Winston-Salem, data from police monitoring groups shows that based on population, Black and Latinx people were disproportionately more likely to be killed by police than White people between 2013-2023. (Source: Police Scorecard). This pattern of disparity is critical evidence in excessive force cases.
• Housing Segregation: Cities like Greensboro and Winston-Salem still show signs of high segregation according to research on housing patterns. (Source: UC Berkeley Othering & Belonging Institute). Where you live often impacts your access to jobs and schools, and fighting illegal housing discrimination is a major part of civil rights law.
• Employment: North Carolina law provides specific state protections against discrimination for things like AIDS/HIV status and military status, which goes beyond federal law. (Source: FindLaw/NC General Statutes). An experienced lawyer near you knows to use these extra state protections when building your case.

We use this local data to argue that violations are not just one-time events but part of a bigger pattern that needs to be stopped.

What Are the Best Ways to Fight a Civil Rights Violation Near Me?

Fighting the government or a large corporation is intimidating, but here is how our experienced lawyer team helps you win:

1. Investigating the Evidence: In cases of police misconduct, we immediately look for body camera footage. As national trends show, body camera video often tells the whole story, whether it’s showing the officer acted correctly or providing clear proof of misconduct. (Source: Ward and Smith P.A.).
2. Naming the Right Defendant: We don’t just sue the individual officer; we look to sue the county or city under the Monell Doctrine. This means we prove that the violation happened because of a policy, practice, or failure to train by the government itself. This is the best way to get compensation and force lasting change.
3. Seeking Compensation: You can recover money for your medical bills, lost pay, emotional pain and suffering, and loss of enjoyment of life. We fight to make sure the compensation reflects the full damage done.

We are committed to securing justice for everyone in our community, whether you are in Asheboro, Graham, or High Point.

Key Takeaways for Civil Rights Law in North Carolina

1. Section 1983 is Your Shield: When a government official violates your constitutional rights (like illegal force or false arrest), you sue them using the powerful federal law, Section 1983.
2. Jail Deaths are a Crisis: The high rate of in-custody deaths in North Carolina jails shows why it is vital to have experienced lawyers monitoring for ignored medical and mental health needs.
3. Discrimination is Broader: North Carolina law protects against discrimination in employment based on more factors than federal law, such as military status.
4. Monell Matters: The most effective cases sue the city or county itself, not just the officer, to force systemic change and secure meaningful compensation.
5. Evidence Disappears: The best thing you can do is find a lawyer near you immediately after a civil rights violation to ensure critical evidence, like body camera footage, is preserved.

Common Questions Asked About North Carolina Civil Rights Law

1. Q: How long do I have to file a civil rights lawsuit against the police in North Carolina?

A: Most claims under Section 1983 have a three-year statute of limitations in North Carolina. However, because this area of law is complicated, and because different claims have different time limits, you must contact a lawyer immediately.

2. Q: If I was wrongfully arrested in Winston-Salem, what kind of money can I get?

A: Compensation can cover several things: lost wages from missing work, medical bills (if you were injured), reputational harm from being arrested, and compensation for your pain and suffering and emotional distress.

3. Q: Can I sue a private company or boss for civil rights violations using Section 1983?

A: No. Section 1983 only applies when a government official or agency violates your constitutional rights. If a private company discriminates against you, you would typically use other laws, like Title VII of the Civil Rights Act, which is enforced through the Equal Employment Opportunity Commission (EEOC).

4. Q: If I report discrimination to the EEOC, can my employer fire me in Asheboro?

A: It is illegal for your employer to fire you, demote you, or punish you for making a discrimination complaint. This is called retaliation, and it is one of the most common types of employment civil rights violations. You can file a separate charge just for retaliation.

5. Q: What is the best evidence to have if I think I was targeted by police near me?

A: The best evidence is often the police body camera footage and dashcam video. You should also write down everything you remember immediately: what time it was, what the officer said, and if there were any witnesses.

Source Citations:

1. 42 U.S.C. § 1983 (The federal law used to sue government officials for rights violations).
2. Disability Rights North Carolina (Data on jail deaths and inadequate care in NC jails, 2020 reports).
3. Police Scorecard / Winston-Salem, NC (Data on police violence and disparities).
4. UC Berkeley Othering & Belonging Institute (Research on segregation patterns).
5. North Carolina General Statutes § 143-422.2 (North Carolina’s state protections against employment discrimination).
6. Ward and Smith, P.A. / Legal analysis of 1983 cases (Used for context on body camera evidence).