Civil Rights

Civil Rights encompasses a broad area of law, and within it, there are two particular categories in which our attorneys have focused their practice:

• Police misconduct
• Prison and jail litigation

Police Misconduct

The United States Constitution requires that no U.S. citizen may be deprived of his life, liberty or property without due process of law. It protects us against police misconduct, such as excessive use of force, searches without a warrant, false or unlawful arrest and false imprisonment.

While for the most part police officers help to enforce the laws and benefit society, there are instances, where as a result of misconduct, constitutional rights have been violated. Situations that provide examples of police misconduct may include the use of excessive force involving beating or unwarranted shooting, false charges to cover up bad arrests, extreme use of threats or duress during interrogation, coercion of women into sexual acts and refusals to testify against fellow officers who have engaged in police misconduct.

In most instances, there must be probable cause in order to make an arrest. In other words, the police officer must be of the opinion that a crime has either been committed or is about to be committed.

Prison & Jail Litigation

Jails are correctional facilities operated by local governments for holding persons convicted of a sentence that is usually one year or less, or for holding persons who are waiting arraignment, trial, conviction, sentencing, a parole or probation violation hearing and transfer to other correctional facilities. Prisons are state or federally operated facilities that confine individuals sentenced for more than a year, usually for felony convictions.

There are a number of issues regarding conditions in prisons and jails that come under litigation, some of which may include, but are not limited to the following:

• Jail or prison suicides – Jail or prison personnel must take steps to prevent an inmate from committing suicide when there is knowledge of a threatened or attempted suicide.

• Medical care – There must be no delay in medical care when jail or prison personnel have knowledge that an inmate has a serious need requiring medical attention.

At James & Carter, PLC, our attorneys have successfully represented clients in police misconduct and jail and prison litigation. To arrange a consultation to discuss your civil rights issues, please call our office at 501-588-3584 or contact us online through our website.