If your rights were violated by police, a jail, or another government official, you deserve a straight answer about what happens next. The straight answer is that a violation, even a clear one, is not the same as a case a lawyer can take. Civil rights cases are complex, slow, and risky, and most of the risk falls on the firm that takes them.
This page explains what we look for, so you know what to expect before you call.
The first question
If my rights were violated, do I have a case?
Not necessarily. A viable civil rights case needs more than a violation.
- Real harm. Cases are strongest where there is a physical injury, time in custody, property taken, or serious medical harm. Without harm like that, a case is very hard to bring.
- Evidence. Video, witnesses, medical records, and documents carry these cases. A dispute that comes down to one person’s word against an officer’s is difficult.
- Damages that justify the case. The potential damages have to justify years of litigation and the real risk of losing. Many people whose rights were violated have claims that cannot meet that standard, even when they are right.
- Time left on the clock. In Missouri, most federal civil rights claims under 42 U.S.C. § 1983 must be filed within five years, and some claims and defendants have shorter deadlines or notice rules.
The biggest risk
What is qualified immunity, and why does it matter so much?
It is the single biggest risk in most of the cases we take.
What it is
Qualified immunity protects government officials from personal liability unless they violated a constitutional right that was clearly established at the time. In practice, courts often ask whether earlier cases addressed similar enough facts.
Why it means an appeal
When a federal judge denies qualified immunity, the officers can appeal immediately, before trial. Win or lose in the district court, expect the case to go to the U.S. Court of Appeals for the Eighth Circuit at least once.
Expectations
What do people misunderstand about civil rights cases?
- How complex they are. These are federal lawsuits against government defendants who have experienced lawyers and immunity defenses.
- What they are worth. People often overvalue the damages and underestimate the risk of losing. A violation of your rights is not a guaranteed result.
- How long they take. Years, not months, especially with an appeal on qualified immunity.
- The firm’s risk. We handle civil rights cases on a contingency fee and absorb the costs if there is no recovery. That is why every case has to be vetted carefully before we take it.
Before we can decide
What information will a civil rights lawyer need from me?
A lot, and some of it you may need to request yourself before we can review the case.
- Records of the incident: police or incident reports, booking records, citations, and the criminal case file if there was one.
- Your own records: medical records, jail medical requests, and photographs of injuries or damage.
- Grievances: for anything that happened in a jail or prison, every grievance and every appeal you filed, and the responses.
- Witnesses and video: names and contact information, and where any video might exist. Video can disappear quickly, so tell us about it early.
We ask for this up front because we need to evaluate a case before committing resources to it. The more complete the information, the faster we can give you an answer.
The criminal case
What if I also have a criminal case from the same incident?
That changes the timing, and it can change whether a civil claim survives at all.
A guilty plea or conviction can bar some civil rights claims. We usually wait for the criminal case to resolve before filing, unless the deadline requires filing sooner. Because we also practice criminal defense, we can evaluate both cases together. If you have a defense lawyer, they may want to read how a plea can affect a civil rights claim before any plea.
Answers
Civil rights questions we hear
Why would a lawyer turn down a case where my rights were clearly violated?
Because a violation alone is not enough. The case also needs real harm, strong evidence, and potential damages that justify years of litigation and the risk of losing, including the risk of qualified immunity.
How long does a civil rights lawsuit take?
Usually years. Officers can appeal a denial of qualified immunity before trial, so many cases go to the Eighth Circuit at least once.
Do I pay anything up front for a civil rights case?
We handle civil rights cases on a contingency fee, and the firm absorbs the costs if there is no recovery. The terms are set out in a written agreement.
How long do I have to file a civil rights lawsuit in Missouri?
For most claims under 42 U.S.C. § 1983, five years. Some claims and defendants have different deadlines or notice requirements, so do not wait.
What should I gather before I contact a civil rights lawyer?
Incident and booking records, the criminal case file if there is one, medical records, photographs, every jail or prison grievance and appeal, and the names of witnesses and anyone who may have video.
See our civil rights page, or call 573-638-8529.
Talk to us
Bring us the facts and the records.
Our civil rights intake form asks the questions we need answered first. The more you can give us, the sooner we can tell you whether we can help.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information, not legal advice, and it does not create an attorney-client relationship. Deadlines and the strength of any claim depend on the specific facts.
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