Moorestown Civil Rights Violations Lawyer Protecting Rights Across NJ and PA
Every American is guaranteed certain rights under the Constitution of the United States and the laws of this country. When a person’s rights have been violated by a person acting under color of state law, that person may have a claim for a civil rights violation.
John Mattiacci has successfully handled civil rights violations and cases involving a victim’s deprivation of his or her Constitutional rights. In one case, John served as co-counsel for a young man who had his jaw broken by a police officer. The young man was a bystander at a parade in Philadelphia and the police officer used excessive force during crowd control. The young man’s jaw was shattered by a police baton. At no point was the young man accused of any crime or wrongdoing. Regardless, the excessive force used against him by the officer caused him to suffer a horrific injury.
Being an experienced civil rights violations attorney, John brought suit against the City of Philadelphia and its employees for violations of the young man’s constitutional rights. John alleged that the City and its employees had violated the young man’s rights pursuant to 42 U.S.C. § 1983. This federal statute allows a person whose constitutional rights have been violated to bring a claim against a person who, under color of law, deprives a person of rights secured by the Constitutional and state and federal laws. The case resolved in favor of the injured young man prior to trial in federal court.
You Don’t Pay Unless You Win
“But I can’t afford a lawyer!” I hear that a lot. Lawyers are expensive, or so it is thought, and justice is simply unavailable for those whose bank accounts are small. Not at this office. I won’t charge you dime in upfront fees, and you will never owe me anything unless I win your case and your money actually arrives. If you have strong claim then yes, you can afford me.
I highly recommend John Mattiacci as an attorney. He has gone above and beyond what was required of him in my case. I could not have asked for a better attorney to help me through the trial process.Jill S.
Frequently Asked Questions (FAQs)
What are civil rights?
Civil rights are personal rights guaranteed by a state or federal constitution or statute. Most civil rights are guaranteed by the federal Constitution (such as the Due Process Clause) and federal civil rights statutes (such as the Civil Rights Act of 1964). Pennsylvania has also enacted civil rights laws; however, they are generally similar to federal civil rights laws.
What are the most common kinds of civil rights complaints?
There are many, but some of the most common are:
- Discrimination based on race, religion, national origin, etc.
- Use of excessive force by a police officer or other government official
- False arrest
- Malicious prosecution
Are there any special procedures involved in a civil rights lawsuit against a governmental entity?
Yes. Before you can file a lawsuit, you must:
- File a written notification to the individual or agency involved, stating the nature of the violation and the harm it caused you, and
- Wait 60 days for a reply.
What is section 1983?
Section 1983 is federal law that allows you to file a civil rights lawsuit in federal court as long as the defendant is a government actor, not a private party. It is particularly useful when you are complaining against the actions of a state or local official (such as a police officer) – suing in federal court instead of state court can help you avoid local protectionism.
What are some of the major civil rights statutes?
Some of the most important federal civil rights statutes include:
- The Civil Rights Act of 1964 (protecting against discrimination)
- The Americans With Disabilities Act (protecting against discrimination based on disability)
- The Equal Pay Act
- The Age Discrimination in Employment Act (protecting employees over 40)
- The Fair Housing Act
What is false imprisonment?
False imprisonment occurs when someone is unjustly confined. The confinement doesn’t have to be in a prison, and there do not have to be any physical restraints – credible threats that force will be used if someone tries to leave are considered to be acts of confinement. It is possible to sue a private party, such as a private security guard, for false imprisonment.
What is malicious prosecution?
Malicious prosecution occurs when someone sues you or files criminal charges against you, knowing that their accusation is groundless, or for some purpose other than winning a judgment (harassment, for example). To win a malicious prosecution claim over a malicious lawsuit, you must have won the lawsuit.
When is a policeman's use of force considered 'excessive'?
There is no clear-cut answer to that question – it depends heavily on the circumstances. A policeman is generally allowed to use enough force to prevent a suspect from escaping or as necessary to prevent death or injury. Anything more is usually considered excessive force.
What are some of the legal restrictions on freedom of speech?
Freedom of speech is not absolute – the government is entitled to restrict or sanction the following types of speech:
- Incitement to illegal activity
- Certain types of symbolic expression
- “Fighting words” (words that are likely to provoke an ordinary person to violence)
- Commercial speech (false advertising, for example)
- Certain speech that is uttered in public schools
About John Mattiacci
You will need to make important decisions to win your case, and a good lawyer can help you with that. The most important decision you will probably make, however, is who you choose as your lawyer. John Mattiaci‘s record speaks for itself:
- Over 15 years in practice
- He has won nearly $50,000,000 during the last five years alone
- He is a member of the elite Multi-Million Dollar Advocates Forum
- Super Lawyers named him a “Pennsylvania Rising Star” (only 2.5 percent of lawyers qualify)
- He has been named one of the top 100 trial lawyers in the nation by National Trial Lawyers
If you or a family member feel you have suffered a civil rights violation or the deprivation of your rights, contact John Mattiacci, Moorestown civil rights attorney, today for a free consultation. We also offer services in many other areas of personal injury law.