What Is a Civil Rights Claim?
A civil rights claim alleges that a person was denied rights protected by the U.S. Constitution or by federal or state law. Common sources include 42 U.S.C. § 1983, the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act, Title IX, and the New York State Human Rights Law.
These claims can arise in many settings, including the workplace, schools, healthcare facilities, housing, public spaces, and encounters with law enforcement. Each law has its own requirements, deadlines, and defenses. Our lawyers can carefully review your claim and develop a targeted strategy tailored to the federal or state statutes involved.
Who We Represent in Civil Rights Matters
Our attorneys defend public entities, institutions, and individuals in a wide range of civil rights matters. Below are some common parties we represent:
Police Agencies & Officers Facing Misconduct Claims
Police departments, municipalities, and officers may face claims of excessive force, false arrest, malicious prosecution, unlawful search, or First Amendment retaliation. These cases frequently turn on body-camera footage, incident reports, and training records. Our former prosecutorial experience gives us an insider’s perspective on police procedures and evidence.
Schools & Colleges Facing Title IX, Disability, & Student Rights Claims
Schools and colleges may face claims under Title IX, Section 504, or the ADA arising from harassment complaints, disability accommodations, or student discipline. Attorney Robert Irving Miller is a certified Title IX investigator who deeply understands how complaints are investigated and reviewed.
Healthcare Providers & Facilities Facing Discrimination Claims
We built our reputation on representing healthcare providers and facilities. We defend hospitals, medical practices, and nursing homes against claims involving disability access, interpreter and communication services, medical malpractice, and patient or resident rights under the ADA, Section 504, and Section 1557 of the Affordable Care Act.
Employers Facing Discrimination & Retaliation Claims
Employers may face discrimination, harassment, or retaliation claims under Title VII, the ADA, and the state’s Human Rights Law. We defend employers before government agencies and respond to complaints with sound investigations and documentation.
How Is a Civil Rights Lawsuit Defended?
Defending against a civil rights lawsuit requires a proactive strategy that challenges the plaintiff’s allegations at every stage of the legal process. Instead of waiting for a trial, our attorneys actively pursue procedural and substantive grounds to dismantle the case and minimize institutional exposure from the outset.
The defense process may involve:
- Challenging procedural deficiencies. State law imposes strict deadlines on plaintiffs suing public entities. We meticulously review initial filings to identify missed deadlines or improper service, and move for case dismissal when appropriate.
- Asserting qualified and statutory immunity. Public officials, school administrators, and municipal employees may possess immunity for discretionary actions taken in their official capacities. We invoke these immunities early in the litigation process to shield professionals from personal liability and burdensome federal discovery.
- Conducting rigorous internal investigations. Defeating discrimination or harassment allegations requires objective fact-finding. We can act swiftly to secure critical facility records, internal communications, and witness statements before evidence is compromised or lost.
- Leveraging pre-trial dispositive motions. Many claims fail to meet the legal standards required. We draft compelling motions to dismiss and motions for summary judgment when claims lack merit.
Civil Rights Defense FAQs
What Should We Do After Receiving a Notice of Claim or Civil Rights Lawsuit?
Act quickly, because deadlines to respond can be short. Preserve all related records, emails, and video, and suspend any routine deletion schedules. Notify your insurance carrier, avoid public comment on the case, and contact our defense counsel before responding.
Will Our Insurance Cover a Civil Rights Claim?
Coverage depends on your policy. Municipal liability, employment practices, and directors and officers policies may apply, but some exclude certain claims or punitive damages. Prompt notice to your carrier is important, since late notice can create coverage disputes.
Is an Officer or Public Employee Personally Responsible for Paying a Judgment?
Often, no. New York law, including General Municipal Law § 50-j for police officers and Public Officers Law § 18 where a municipality has adopted it, typically provides defense and indemnification for employees acting within the scope of their duties. Exceptions may apply, such as for intentional wrongdoing or punitive damages.
Can We Take Action Against an Employee or Student Who Filed a Complaint?
Proceed carefully. Adverse action against someone who filed a complaint or took part in an investigation can lead to a separate retaliation claim, even if the original complaint lacks merit. Any discipline should be based on documented, legitimate reasons and reviewed with our counsel first.
Should We Conduct an Internal Investigation After a Discrimination or Harassment Complaint?
In most cases, yes. New York requires employers to maintain a sexual harassment complaint process, and Title IX requires schools to follow formal grievance procedures. A prompt, well-documented investigation conducted with direct oversight from our skilled attorneys can strengthen your defense if a claim follows.
Proven Civil Rights Defense from Trial-Tested Litigators
Many civil rights cases are resolved through motions or negotiated settlements, but thorough preparation shapes those results. Our experienced courtroom litigators prepare each case for trial from the start. Our appellate practice allows us to pursue or defend appeals, including early appeals on immunity. We also help organizations reduce future risk through policy reviews, staff training, and prompt internal investigations.
Our attorneys have also earned recognition from respected publications, underscoring our proven track record of success. Robert Irving Miller was selected to Super Lawyers in New York for Medical Malpractice Defense from 2023 to 2026. Leilani J. Rodriguez was recognized in The Best Lawyers in America® 2027 Edition for Medical Malpractice Law – Defendants. She was also named to Hudson Valley Magazine’s 2026 Top Lawyers list.
Protect your professional license and facility’s standing against unfounded civil rights allegations by partnering with our elite attorneys. Contact us online to discuss your case. Se habla español.
