Attorneys Who Will Fiercely Protect Your Civil Rights

Everyone and anyone living in the United States has civil rights. When an individual or entity violates these sacred rights, it is a terrible injustice. You may feel powerless, but you are not.

At Hernandez & Associates, P.C., we are committed to protecting the civil rights of clients throughout Colorado. Since 2007, we have earned a reputation as a fierce ally for people from a diverse variety of backgrounds who have suffered civil rights violations in the hands of police or another government entity.

How We Can Help You

We represent clients in a broad range of civil rights matters. There is no government entity or public figure too powerful that can scare us away from defending your civil rights. Some of the matters we handle most often include:

• Police brutality
• Excessive use of force
• Wrongful arrest
• Prison abuse
• Racial profiling
• Cruel and unusual punishment
• Violation of rights to due process
• Unlawful search and seizure

If your case requires a trial, you can trust us to stand up for you aggressively in a court of law. We are also prepared to appeal your case in a higher court if this is what it takes to obtain justice.

Bringing Civil Rights Cases After Criminal Charges Or Guilty Pleas

Criminal charges or convictions do not automatically prevent civil rights claims. Police brutality, excessive force, unlawful searches and wrongful arrests can violate constitutional rights regardless of whether criminal charges followed. However, guilty pleas or convictions may complicate certain claims, particularly false arrest or malicious prosecution cases.

Courts examine whether your civil rights claim contradicts your criminal case outcome. Many successful civil rights plaintiffs had criminal charges that were dismissed, reduced or even resulted in convictions. Our attorneys evaluate how your criminal case history affects potential civil rights claims and develop strategies maximizing recovery despite criminal proceedings.

Answers To Common Questions About Your Civil Rights

If you believe your rights have been violated, you are probably feeling concerned and plagued by questions. Below, our attorneys have provided clear answers to common questions and concerns. This can help you understand your situation and protect yourself.

How Long Do You Have To File A Civil Rights Lawsuit In Colorado?

Civil rights claims face strict filing deadlines varying by claim type. Federal civil rights lawsuits under Section 1983 must be filed within two years from the violation date in Colorado. However, administrative requirements often precede lawsuits. Claims against law enforcement or government entities typically require filing notices of intent within 180 days of the incident.

Some claims against federal officials fall under different statutes with varying deadlines requiring careful attention. Additionally, claims involving minors or incapacitated individuals may qualify for tolling provisions extending filing periods under specific circumstances. Missing these deadlines permanently bars your ability to seek justice regardless of violation severity. Prompt consultation with a civil rights attorney preserves your legal options and protects crucial evidence before it disappears.

Who Can Be Held Responsible In A Civil Rights Claim?

Multiple parties may bear liability for civil rights violations depending on circumstances. Individual government officials including police officers, corrections officers, public school administrators and social workers can be held personally accountable for constitutional violations committed under color of law.

Government entities like municipalities, counties, school districts and police departments face liability when official policies, customs or inadequate training cause rights violations. Supervisors may be liable for failing to properly train or supervise subordinates whose actions violated your rights. Private entities performing government functions, such as private prisons or security contractors, can also face civil rights liability. Identifying all responsible parties maximizes your potential compensation.

What types of evidence should I immediately preserve?

Gathering and safeguarding evidence is critical to building a strong case. Invaluable forms of evidence to secure include:

• Photos of injuries or property damage suffered
• Videos of the incident or its aftermath
• Medical records documenting treatment for any injuries
• Names and contact information of witnesses
• Police reports or citations related to the incident

This documentation can support claims involving police misconduct, false arrest, illegal search, police brutality or excessive force. Documented evidence can be essential in proving violations of the Fourth Amendment, due process, or freedom of speech under the First Amendment.

What types of damages am I entitled to recover?

Victims of civil rights violations may pursue financial compensation for their economic and noneconomic harm. Potential damages include:

• Medical expenses related to physical or emotional injuries
• Lost wages due to missed work or job loss
• Pain and suffering caused by trauma or abuse
• Punitive damages to hold wrongdoers accountable
• Attorney’s fees incurred while pursuing justice

Recovering damages can help restore stability and send a clear message that violations of the Fourth Amendment, First Amendment and due process will not be tolerated. A skilled civil rights lawyer can assess your case and fight for the compensation you deserve.

Can you sue the police department, the city or only the individual officers?

In many civil rights cases, you can bring a claim not only against the officer who directly violated your rights but also against the larger entity responsible for oversight. Depending on the facts, it may be possible to sue the police department, the city or other government bodies if their policies, training failures or systemic misconduct contributed to the violation.

These claims can be challenging, as municipalities often have strong defenses, but they are essential for holding institutions accountable, not just individuals. By pursuing claims against departments or municipalities, victims may achieve broader justice and help push for institutional reforms that reduce the likelihood of future violations.

Get An Ally On Your Side Today

Do not let yourself be silenced. Stand up for rights with Hernandez & Associates, P.C., by your side. We offer free initial consultations, so you have nothing to lose and everything to gain by contacting our Denver office. To make your free consultation, call us at 303-536-5134 or send us an email.