Civil Rights Attorney: What They Do and When You Need One

A civil rights attorney is a licensed lawyer who represents people whose constitutional or legally protected rights have been violated. If you have been subjected to police misconduct, workplace discrimination, wrongful imprisonment, or denial of a federally protected right, a civil rights attorney is the legal professional who can fight for you.

Civil rights law is one of the most powerful areas of U.S. law. It gives individuals the ability to hold government officials and institutions accountable in both federal and state courts.

What Is a Civil Rights Attorney?

A civil rights attorney specializes in enforcing the rights guaranteed by the U.S. Constitution, federal statutes, and state laws. These rights include protections against discrimination based on race, color, national origin, sex, religion, and disability — as well as protections against government overreach such as unreasonable searches, excessive force, and violations of due process.

Civil rights attorneys file lawsuits in federal and state courts on behalf of people harmed by these violations. They may sue government agencies, law enforcement officers, employers, schools, or landlords. In many cases, successful plaintiffs can recover monetary damages, injunctive relief, and attorney's fees.

Unlike criminal defense attorneys — who represent people accused of crimes — civil rights attorneys typically represent the victims of unlawful conduct. Their goal is to obtain justice for people whose rights were violated and to deter future violations.

Civil Rights Law vs. Civil Law: What's the Difference?

People often confuse civil rights law with civil law more broadly. While the two overlap, they are not the same thing.

What is a civil law attorney? A civil law attorney — sometimes called a civil litigation attorney — handles non-criminal legal disputes between private parties or between individuals and organizations. Civil law covers personal injury claims, contract disputes, property disagreements, family law, employment disputes, and more.

What is a civil rights attorney specifically? A civil rights attorney is a type of civil law attorney, but with a focused purpose: enforcing constitutionally and statutorily guaranteed rights. Civil rights cases are often brought under federal statutes such as 42 U.S.C. § 1983, Title VI of the Civil Rights Act of 1964, Title VII, the Americans with Disabilities Act (ADA), or the Fair Housing Act.

What is a civil defense attorney? A civil defense attorney represents the defendant in a civil lawsuit — the party being sued, rather than the party bringing the claim. In civil rights litigation, a civil defense attorney might represent a city government, police department, school district, or employer accused of violating someone's rights.

Key Federal Laws Civil Rights Attorneys Use

Civil rights attorneys rely on a framework of federal statutes and constitutional provisions to bring their clients' cases.

42 U.S.C. § 1983 — Civil Rights Claims Against Government Officials Section 1983 is the primary tool for suing state and local government officials who violate constitutional rights. It allows individuals to sue anyone acting "under color of state law" — meaning a government official or someone acting with government authority — who deprives them of a constitutionally protected right. Section 1983 claims are commonly used in police misconduct, excessive force, wrongful arrest, and due process violation cases.

Title VI of the Civil Rights Act of 1964 Title VI prohibits discrimination based on race, color, or national origin in any program or activity that receives federal funding. This includes public schools, universities, hospitals, and local government programs. Civil rights attorneys use Title VI to challenge discriminatory policies in federally funded institutions.

Title VII of the Civil Rights Act of 1964 Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin. It applies to employers with 15 or more employees and covers hiring, firing, pay, promotions, and other terms of employment. Civil rights attorneys representing victims of workplace discrimination frequently bring Title VII claims before the Equal Employment Opportunity Commission (EEOC) and in federal court.

The Americans with Disabilities Act (ADA) The ADA prohibits discrimination against individuals with disabilities in employment, public accommodations, transportation, and government services. Civil rights attorneys use the ADA to challenge inaccessible facilities, discriminatory hiring practices, and failures to provide reasonable accommodations.

The Fair Housing Act The Fair Housing Act prohibits discrimination in the sale, rental, or financing of housing based on race, color, national origin, religion, sex, disability, or familial status. Civil rights attorneys bring Fair Housing Act claims against landlords, real estate agents, mortgage lenders, and housing authorities who engage in discriminatory practices.

The Fourth and Fourteenth Amendments Many civil rights cases are rooted directly in the Constitution. The Fourth Amendment protects against unreasonable searches and seizures and is central to cases involving unlawful police searches, wrongful arrests, and excessive force. The Fourteenth Amendment guarantees equal protection and due process, and is used in cases involving government discrimination, wrongful imprisonment, and deprivations of liberty without proper legal proceedings.

Types of Cases Civil Rights Attorneys Handle

Civil rights attorneys take on a wide range of cases. The unifying thread is that each involves an alleged violation of a legally protected right.

Police Misconduct and Excessive Force When law enforcement officers use unlawful force, conduct illegal searches, make wrongful arrests, or engage in racial profiling, they may violate the Fourth and Fourteenth Amendments. Civil rights attorneys bring these claims under 42 U.S.C. § 1983 against individual officers and, in some cases, against the government entities that employ them. These cases can result in monetary damages for the victim and — in cases of systemic misconduct — court-ordered reforms to police department policies.

Employment Discrimination Discrimination in the workplace based on race, sex, national origin, religion, disability, age, or other protected characteristics is illegal under federal and state law. Civil rights attorneys represent employees who have been passed over for promotion, wrongfully terminated, subjected to a hostile work environment, or paid unequally because of a protected characteristic. Many employment discrimination cases begin with an EEOC charge before proceeding to federal court.

Housing Discrimination Unlawful housing discrimination can occur at every stage of the housing process — from being denied a rental application to being steered away from certain neighborhoods to being denied a mortgage. Civil rights attorneys bring Fair Housing Act claims to secure housing for their clients and seek damages for the harm caused by discriminatory conduct.

Disability Rights Violations When public accommodations, employers, schools, or government agencies fail to provide equal access to individuals with disabilities, they may violate the ADA or Section 504 of the Rehabilitation Act. Civil rights attorneys pursue these cases to require physical accommodations, policy changes, or reasonable modifications, and to recover damages for affected individuals.

Education Discrimination Students are protected from discrimination in public schools under Title VI, Title IX (which prohibits sex-based discrimination in education programs receiving federal funds), and the Individuals with Disabilities Education Act (IDEA). Civil rights attorneys represent students and families challenging discriminatory discipline practices, denial of special education services, sexual harassment, and other violations of student rights.

Wrongful Imprisonment and Due Process Violations When individuals are imprisoned without proper legal process, held beyond their release date, or subjected to unconstitutional conditions of confinement, a civil rights attorney may bring claims under the Fourteenth Amendment's due process clause or the Eighth Amendment's prohibition on cruel and unusual punishment. These cases often involve complex litigation against state or county corrections agencies.

Voting Rights Violations The Voting Rights Act of 1965 prohibits discriminatory voting practices that deny or abridge the right to vote based on race or color. Civil rights attorneys challenge voter suppression tactics, discriminatory redistricting, and barriers to ballot access that disproportionately affect protected groups.

How Civil Rights Litigation Works

Civil rights attorneys are civil litigation attorneys by definition — they spend significant time in federal and state courtrooms filing complaints, conducting discovery, arguing motions, and trying cases before judges and juries.

The litigation process in a civil rights case typically follows this sequence: the attorney investigates the facts, files a complaint in federal or state court, engages in discovery (exchanging evidence with the opposing side), argues pre-trial motions, and either negotiates a settlement or proceeds to trial. Civil rights cases can also be resolved through consent decrees — formal court-approved agreements that require specific changes in conduct or policy.

One important feature of federal civil rights law is the availability of attorney's fees to prevailing plaintiffs. Under 42 U.S.C. § 1988, a court may award reasonable attorney's fees to the winning party in a civil rights case. This provision makes it possible for individuals without significant financial resources to access skilled civil rights representation, because the losing defendant — rather than the client — may be required to pay the attorney's fees.

What Is Qualified Immunity?

Qualified immunity is a legal defense available to government officials, including police officers, that shields them from personal liability in civil rights lawsuits. To overcome this defense, the plaintiff must show that the official violated a "clearly established" constitutional right.

In practice, qualified immunity is a significant obstacle in many civil rights cases involving law enforcement. Courts have interpreted the "clearly established" standard narrowly, often requiring a prior court decision addressing nearly identical facts before a right is considered clearly established.

Experienced civil rights attorneys know how to navigate qualified immunity defenses — including structuring claims to target the government entity itself (such as a city or county) rather than only the individual officer, and using Monell claims to establish that the entity had a policy or custom of unconstitutional conduct.

How to Find the Right Civil Rights Attorney

Not every civil litigator has experience in civil rights law. Finding the right attorney requires looking for specific qualifications.

Look for federal court experience. Most civil rights cases are brought in federal court. Confirm that any civil rights attorney you consider is admitted to practice in the relevant federal district court and is familiar with federal civil procedure.

Verify experience with your specific type of claim. Civil rights law is broad. An attorney who focuses on employment discrimination may have different expertise than one who handles police misconduct cases. Ask specifically about their experience with the type of claim you have and ask about outcomes in similar cases.

Understand the fee structure. Many civil rights attorneys work on contingency, meaning you pay nothing unless they win your case. In cases where attorney's fees are available under 42 U.S.C. § 1988 or similar statutes, attorneys may also accept cases knowing that fees can be recovered from the defendant if they prevail. Discuss the fee arrangement clearly before moving forward.

Check bar status and disciplinary history. Always verify that any attorney you are considering is licensed and in good standing with their state bar. You can search your state bar's public directory to confirm active license status and review any disciplinary history.

Consider nonprofit civil rights organizations. Several nonprofit organizations provide free or low-cost civil rights representation, including the American Civil Liberties Union (ACLU), the NAACP Legal Defense Fund, the Lawyers' Committee for Civil Rights Under Law, and state-level legal aid organizations. These organizations often take high-impact cases that advance civil rights protections broadly.

Frequently Asked Questions

What does a civil rights attorney do? A civil rights attorney represents individuals whose constitutional or legally protected rights have been violated. They investigate the facts, identify applicable federal or state laws, file lawsuits, negotiate settlements, and litigate cases through trial. Their goal is to obtain compensation and justice for their clients and to hold accountable those who violated their rights.

What is the difference between a civil rights attorney and a civil law attorney? A civil rights attorney focuses specifically on violations of constitutionally and statutorily guaranteed rights, often against government actors. A civil law attorney is a broader term for any attorney who handles non-criminal legal disputes, including contracts, property, personal injury, and more. All civil rights attorneys are civil law attorneys, but not all civil law attorneys handle civil rights cases.

What is a civil defense attorney? A civil defense attorney represents the defendant — the party being sued — in a civil lawsuit. In civil rights cases, a civil defense attorney might represent a city, police department, school, or employer accused of violating someone's rights. Their role is to defend their client against the plaintiff's claims, challenge the evidence, and seek dismissal or a reduced damages award.

What is 42 U.S.C. § 1983? Section 1983 is a federal law that allows individuals to sue state or local government officials who violated their constitutional rights while acting under government authority. It is the most commonly used statute in civil rights cases involving law enforcement, government discrimination, and due process violations. A successful Section 1983 claim can result in monetary damages and attorney's fees paid by the government defendant.

What is qualified immunity? Qualified immunity is a legal defense that protects government officials — including police officers — from personal liability in civil rights lawsuits unless they violated a "clearly established" constitutional right. It is one of the most significant obstacles in police misconduct litigation and has been the subject of ongoing legal and legislative debate across the country.

Can I sue the police for violating my rights? Yes. If a police officer violated your constitutional rights — through an unlawful search, wrongful arrest, or excessive force — you may be able to file a civil rights lawsuit under 42 U.S.C. § 1983. You may be able to sue both the individual officer and the government entity that employs them. The viability of your case depends on the specific facts, applicable law, and qualified immunity analysis. A civil rights attorney can evaluate your situation.

What is a Monell claim? A Monell claim — named after the Supreme Court case Monell v. Department of Social Services (1978) — allows plaintiffs to sue a local government entity directly for civil rights violations caused by the entity's own policy, custom, or deliberate indifference to constitutional violations. Monell claims are used when a plaintiff wants to hold the government entity accountable, not just the individual officer.

Do I need to file an EEOC complaint before suing for employment discrimination? In most cases, yes. Before filing a federal lawsuit under Title VII or the ADA, a claimant must first file a charge with the Equal Employment Opportunity Commission (EEOC) and receive a "right to sue" letter. There are strict deadlines — generally 180 or 300 days from the discriminatory act, depending on your state. Missing this deadline can permanently bar your federal claim. Consult a civil rights attorney as soon as possible after a discriminatory act at work.

How long do I have to file a civil rights lawsuit? The statute of limitations for civil rights claims varies by type. For Section 1983 claims, federal courts typically apply the personal injury statute of limitations of the state where the claim arose — often two to four years. For employment discrimination claims under Title VII, you generally must file an EEOC charge within 180 or 300 days of the discriminatory act. Contact a civil rights attorney promptly — delays can permanently extinguish your rights.

Can a civil rights attorney help with housing discrimination? Yes. Civil rights attorneys bring Fair Housing Act claims against landlords, sellers, real estate agents, lenders, and housing authorities who discriminate based on race, color, national origin, religion, sex, disability, or familial status. Victims of housing discrimination may be entitled to actual damages, emotional distress damages, punitive damages, and injunctive relief.

What is the difference between civil rights law and criminal law? Criminal law involves prosecutions brought by the government against individuals accused of committing crimes. Civil rights law involves lawsuits brought by private individuals against parties — often government actors — who violated their legally protected rights. A police officer who uses excessive force, for example, could face both criminal prosecution by the government and a civil rights lawsuit by the victim. The two proceedings are separate and governed by different legal standards.

Are civil rights attorneys expensive? Many civil rights attorneys work on a contingency fee basis, meaning you pay nothing unless they win your case. Federal civil rights statutes like 42 U.S.C. § 1988 allow courts to award attorney's fees to prevailing plaintiffs, which means the losing defendant may be required to pay your attorney's fees. This makes skilled civil rights representation accessible even to people with limited financial resources. Discuss fee arrangements directly with any attorney you consult.

This content is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. Joy Coleman is licensed in Georgia and New Jersey and is not licensed to practice law in all states. Readers should consult a qualified attorney licensed in their jurisdiction.

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