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United States Civil & Human Rights Legal Questions answered by Lawyers

Browse our 1 legal question about Civil & Human Rights in United States and the lawyer answers, or ask your own questions for free.

My husband passed away five years ago. We have a property in th Philippines and I would like to transfer everything to my child. We are now residing in California, as U.S. citizens and my late husband a Filipino citizen.c
Estate Planning Civil & Human Rights Probate
How can I transfer Title on the property to my child?
Lawyer answer by Recososa Law Firm

Hello: We are sorry to hear about the passing of your husband, and we extend our deepest condolences. Regarding your concern, since your husband was a Filipino citizen and you are now both U.S. citizens residing in California, the property...

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About Civil & Human Rights Law in Brooklyn, United States

Civil and human rights law protects individuals from unlawful discrimination, abuse of power by government actors, and violations of basic liberties. In Brooklyn you are protected by a combination of federal statutes, New York State laws, and New York City ordinances. These laws cover areas such as employment, housing, public accommodations, police conduct, disability access, voting rights, and free speech. Because Brooklyn is part of New York City and Kings County, residents can pursue remedies through city agencies, state agencies, and federal courts depending on the type of violation.

Why You May Need a Lawyer

You may need a lawyer when rights violations involve complex legal rules, serious harm, or formal procedures that have strict deadlines. Common situations include:

- Employment discrimination or harassment based on race, sex, religion, disability, age, national origin, gender identity, or pregnancy.

- Housing discrimination, denial of reasonable accommodations, wrongful eviction, or refusal to accept lawful source of income such as vouchers.

- Police misconduct, unlawful search and seizure, excessive force, false arrest, or violations of due process by government actors.

- Disability access denials in public places or on public transportation under the Americans with Disabilities Act and local laws.

- Retaliation for reporting discrimination, whistleblowing, or asserting your rights.

- Violations of free speech or assembly rights in public forums or interactions with city agencies.

- Hate crimes or bias-motivated harassment that may involve criminal and civil remedies.

A lawyer can evaluate legal claims, preserve time-sensitive evidence, file administrative complaints or lawsuits, negotiate settlements, and seek remedies such as monetary damages, injunctive relief, reinstatement, or policy changes. Even when you choose a non-litigation path - like settlement or mediation - a lawyer can improve outcomes and protect your interests.

Local Laws Overview

Key local and regional protections apply in Brooklyn:

- New York City Human Rights Law: One of the strongest municipal anti-discrimination laws in the country. It covers employment, housing, public accommodations, and city agencies. The law protects a broad list of characteristics including race, color, national origin, sex, gender identity, sexual orientation, disability, religion, family status, and lawful source of income in many contexts.

- New York State Human Rights Law: Provides statewide protections against discrimination in employment, housing, and public accommodations. It often overlaps with NYC protections and can provide alternative enforcement paths.

- Federal Laws: Title VII (employment discrimination), the Fair Housing Act (housing discrimination), the Americans with Disabilities Act (public accommodations and state/local government services), the Civil Rights Act of 1871 - Section 1983 (civil claims against state actors for constitutional violations), and other federal statutes may apply.

- Local Enforcement Bodies: The NYC Commission on Human Rights enforces city protections and can investigate complaints, issue orders, and seek penalties. The New York State Division of Human Rights enforces state law. For federal claims, the Equal Employment Opportunity Commission and the U.S. Department of Housing and Urban Development play roles.

- Courts and Venues: Civil rights cases may be filed in state court in Kings County, or in federal court in the Eastern District of New York. Administrative complaints are initiated with the appropriate city or state agency first in some situations, and some federal claims require administrative exhaustion prior to litigation.

- Remedies and Standards: Remedies can include compensatory damages, punitive damages in some cases, injunctive relief, policy changes, attorney fees and costs. Standards of proof vary by forum and claim type. Deadlines and procedural requirements vary across city, state, and federal forums, so acting promptly is important.

Frequently Asked Questions

What counts as a civil rights or human rights violation in Brooklyn?

A violation generally involves unlawful discrimination or government action that deprives a person of rights protected by law. Examples include being fired or denied housing because of a protected characteristic, police using excessive force, denial of disability accommodations, or a city agency treating someone differently based on identity. Whether an incident rises to a legal violation depends on the facts and applicable statute.

How do I decide whether to file with a city agency, the state, or federal enforcement?

Choice of forum depends on the law you believe was violated and the remedies you want. City agencies handle NYC Human Rights Law claims. State agencies handle New York State Human Rights Law. Federal agencies cover federal statutes such as Title VII or the ADA. Deadlines, available remedies, and procedural steps differ. A lawyer or a local legal clinic can advise the best path for your situation.

Do I need to file an administrative complaint before suing?

Some federal and state claims require you to file with an administrative agency before filing a lawsuit. For example, many employment discrimination claims begin with an administrative charge. City and state processes can also offer remedies without court. A lawyer can determine whether administrative exhaustion is required in your case and help with filings.

How long do I have to bring a civil rights claim?

Deadlines vary by claim and forum. Some statutes use a one-year, two-year, or three-year limit; some require administrative filing within a shorter time. Federal and state rules differ. Because time limits can cause you to lose your right to sue, contact a lawyer or an intake office promptly after an incident.

Can I sue the police or a city agency for misconduct in Brooklyn?

Yes, you may have claims against police or other government employees for unconstitutional conduct such as excessive force, false arrest, or unlawful search. Such claims often proceed under federal law - for example Section 1983 - and may also involve state causes of action. Suits against government defendants have special rules, including notice requirements and sometimes immunity defenses, so legal help is important.

What remedies are available if my rights were violated?

Possible remedies include compensatory damages for economic and emotional harm, punitive damages in certain cases, injunctive relief to change a policy or stop unlawful conduct, reinstatement to a job, back pay, and attorney fees. Administrative agencies may also order training, policy changes, fines, or other corrective actions. The available remedies depend on the legal claim and forum.

Can non-citizens and immigrants bring civil rights claims in Brooklyn?

Yes. Many civil and human rights protections apply regardless of immigration status. Non-citizens can bring claims for discrimination, police misconduct, and disability access, among others. Some remedies or enforcement paths may be affected by immigration status, so it is advisable to consult an attorney with experience in civil rights and immigration issues.

What should I do immediately after an incident to protect my rights?

Preserve evidence: save texts, emails, photos, medical records, and any documents. Write down a clear timeline of events and names of witnesses. If police are involved and you are injured, seek medical care and document injuries. Be careful about what you post on social media. Contact an attorney or a legal clinic to discuss deadlines and next steps.

How much will a civil rights lawyer cost in Brooklyn?

Fee structures vary. Many civil rights attorneys work on contingency for certain claims, meaning they collect fees only if you recover money. Others charge hourly or flat fees for specific tasks. Some non-profit organizations and legal clinics provide free or low-cost help. Ask about fees, costs, and whether you might be entitled to attorney fees if you win, which some civil rights laws allow.

How long does a civil rights case usually take?

Case length depends on complexity, forum, discovery, and whether the case settles. Administrative investigations can take months to over a year. Lawsuits, especially those that go to trial, can take one to several years. Many cases settle before trial. A lawyer can give a more specific timeline based on the facts of your case.

Additional Resources

Government agencies and local organizations that can help include:

- New York City Commission on Human Rights

- New York State Division of Human Rights

- Equal Employment Opportunity Commission - New York area offices

- U.S. Department of Justice - Civil Rights Division

- U.S. Department of Housing and Urban Development - Fair Housing enforcement

- Kings County courts and the Eastern District of New York for federal matters

- Legal Aid Society

- Brooklyn Defender Services

- New York Civil Liberties Union and American Civil Liberties Union - New York

- Local bar associations and legal clinics, including law school clinics offering pro bono assistance

- City or community advocacy groups focused on disability rights, immigrant rights, and housing justice

Next Steps

If you believe your civil or human rights were violated, consider these steps:

- Gather and preserve evidence now - notes, photos, messages, medical records, witness names.

- Write a clear timeline of events with dates, times, locations, and the names of involved parties.

- Contact a lawyer for an initial consultation. Ask about experience with civil rights claims, likely forums, fees, and expected timeline.

- Explore administrative complaint options through city or state agencies if appropriate. An attorney can help prepare those filings.

- If cost is a concern, contact legal aid organizations, law school clinics, or bar referral services for low-cost or pro bono options.

- Do not delay. Many claims have strict deadlines or require prompt action to preserve evidence and legal remedies.

Getting informed help early improves the chance of a strong outcome. A civil rights lawyer or a qualified legal clinic can evaluate the facts, advise on the best forum, handle filings, and protect your rights through each stage of the process.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.