The statute of limitations indicates the period you have to take legal action or initiate a lawsuit where you have been a victim of a civil rights violation. Understanding the relevant statute can be complicated, especially since civil rights claims are often complicated due to the involvement of government officials. This will vary depending on where the offense occurred, the circumstances, and the legal action you wish to pursue. These factors can affect how much time you have to file a claim. It is important to know how much time you have, as the clock for the statute of limitations generally begins running from the date of the violation.
Strom Law’s experienced civil rights attorneys in South Carolina can steer you through the appropriate statutes to ensure you have full clarity and confidence when making decisions and determine the best way forward to gain justice, closure, and reparations.
Understanding Civil Rights
Civil rights are the essential freedoms and protections guaranteed to every individual under United States law, ensuring that all people receive equal treatment and due process regardless of their background. These rights are protected at every level of government—local, state, and federal—and violations can occur in a variety of settings, whether by employers, public officials, or even private citizens. Common examples of civil rights violations include employment discrimination, sexual harassment, wrongful conviction, and discrimination against persons with disabilities.
If you believe your civil rights have been violated, understanding the process of pursuing a civil rights lawsuit is crucial. The first step is often to consult a knowledgeable civil rights attorney who can help you navigate the complexities of federal law, such as the Civil Rights Act, and ensure your civil rights claim is filed within the appropriate statute of limitations. This time limit varies depending on the type of violation, the specific statute involved, and the jurisdiction where the incident occurred. Missing the filing deadline can prevent you from seeking justice and compensation, so acting promptly is essential.
For instance, in employment discrimination cases, federal law typically requires that a complaint be filed with a government agency like the Equal Employment Opportunity Commission (EEOC) within 180 days of when the violation occurred. In other situations, such as claims involving Fourth Amendment rights or wrongful conviction, the process and deadlines may differ, and a civil rights attorney can help you determine the correct course of action.
Federal and state governments have enacted a range of laws to protect individuals from discrimination and harassment. Title VII of the Civil Rights Act, for example, prohibits employment discrimination based on race, color, religion, sex, or national origin. If you are a job applicant or employee who has experienced discrimination, a civil rights attorney can help you file a complaint with the appropriate government agency and, if necessary, pursue your case in federal court.
It is also important to note that certain circumstances may extend or toll the statute of limitations, such as if the plaintiff is a minor or has a mental incapacity. However, these exceptions are limited, and the safest approach is to speak with an attorney immediately after a violation occurs to preserve your rights.
A successful civil rights lawsuit can result in a variety of remedies, including compensation for medical expenses, injunctive relief to stop ongoing discrimination, and punitive damages to hold the defendant accountable. The specific outcome will depend on the facts of your case, the laws that apply, and the evidence available.
In summary, understanding your civil rights and the laws that protect them is the first step toward seeking justice. If you suspect your rights have been violated, consulting a civil rights attorney as soon as possible is crucial. With experienced legal guidance, you can ensure your claim is filed within the statute of limitations and pursue the compensation and justice you deserve.
What Are the Federal Statutes Related to Civil Rights?
Federal statutes or laws, enacted by Congress, make it a crime to cause injury or neglect the rights of any person due to an abuse of power or discrimination based on an individual’s religion, ethnicity, skin color, nationality, gender, identity, or disability. A federal statute applies across the US, regardless of state. However, state law can impact the statute of limitations, as federal statutes of limitations for civil rights violations often rely on or borrow from state law. The applicable timeframes are generally determined by the relevant state personal injury statute. Legal procedures may also involve specific rules, such as the discovery rule, which determines when the statute of limitations begins. The process of filing complaints may require submitting claims to a state agency or a federal agency before proceeding with a lawsuit. Civil rights lawsuits are generally litigated in federal court. Federal law states that you do not have to be physically hurt to collect damages for many constitutional violations. Section 1983 claims, which address constitutional violations, do not have a specified federal time limit and rely on state personal injury statutes of limitations. Federal criminal civil rights violations not resulting in death have a statute of limitations of seven years. Claims can also be brought against government entities, including the federal government, and the Civil Rights Act of 1991 is an example of federal legislation protecting individual rights.
How are civil rights violated? As the many examples of civil rights violations by police demonstrate, civil rights cover a wide range of potential circumstances, including misconduct by enforcement officers, constitutional violations, police brutality, unlawful arrest, refusal to provide medical treatment, or other acts of discrimination, such as withholding housing, employment, or school admission.
What Are the Statutes of Limitation in South Carolina?
An offender convicted of a civil rights violation can be subject to up to ten years in prison, and the general statute of limitations is seven years. More serious crimes where the perpetrator commits sexual abuse, kidnapping, death, or attempted crimes of this nature result in more severe sentences and do not always carry a statute of limitations.
However, these federal statutes apply to criminal prosecutions, and it is common for a victim or a loved one to pursue a lawsuit or civil case in addition to criminal court proceedings. This may involve filing a lawsuit to claim compensation to cover costs associated with counseling, physical rehabilitation, loss of income, or other damages or seeking different outcomes to address some of the harm caused by the perpetrator.
The criminal statutes may not apply in civil cases, but this varies. For example, the general convention in South Carolina is a limitation period of three years where the defendant is non-governmental or two years where the claimant is filing a suit against a governmental body such as a police department, hospital, or official. For certain types of claims, such as lawsuits against state or local governments, a Notice of Claim must often be filed much sooner than the statute of limitations—sometimes within 30 to 180 days.
Further complications may apply, where certain types of civil rights claims must be filed in a specific order, such as recording a formal complaint with the Equal Employment Opportunity Commission (EEOC) within six months before filing a private lawsuit related to employment discrimination. Claims involving workplace discrimination under Title VII must adhere to strict administrative deadlines before lawsuits can be filed. In cases involving employment discrimination, job applicants and employees must typically file a complaint with the EEOC within 180 days of the alleged offense before filing a private lawsuit. For federal employment claims under Title VII, an EEOC charge must generally be filed within 180 days, but this period can be extended to 300 days if a state agency handles the claim. After the EEOC issues a Right to Sue letter, plaintiffs typically have 90 days to file a civil lawsuit. Many states require employees with workplace discrimination claims to file a claim with a government employment agency before seeking redress in the courts. Certain claims require administrative exhaustion, meaning a government agency must be consulted before suing in court. States like California and New York provide extended deadlines for harassment claims, sometimes up to one year, which is longer than the deadlines in South Carolina.
Strom Law always recommends an initial consultation to discuss some of the information around your case in a confidential, sensitive, and reassuring environment to decide upon the potential next steps.
How Can a Civil Rights Attorney Help?
Clarifying the relevant statute of limitations is a positive starting point, as it equips you with knowledge about how to proceed with litigation and works through the required sequence of complaints, where relevant. Any discrimination against an individual that denies them their constitutional civil rights or the right to opportunities, such as a job, home, or school placement, can be prejudicial. Failing to adhere to an applicable statute of limitations can lead to barred claims and victims being unable to receive remedies for their damages.
The team of civil rights lawyers at Strom Law can help claimants achieve justice in a court setting or out-of-court settlement, ensuring that you address acts of mistreatment. Our skilled legal advisors can assist in cases of discrimination, wrongful conviction or arrest, police civil rights violations, and sexual harassment or assault, among many other issues, such as:
- Being denied promotion or employment due to discrimination
- Unlawful search and seizure procedures
- Unnecessary violence, detention, or restraint by a police officer
- Refusal of equal rights to housing or other opportunities
A strong civil rights case often involves severe misconduct and substantial documented harm.
Suppose you have experienced a suspected civil rights violation in the last two to three years. In that case, you may have recourse to instigate a civil rights lawsuit, regardless of whether the perpetrator has already been subject to criminal proceedings. The value of civil rights claims can vary widely, including lost wages, medical expenses, and punitive damages. Upholding your rights, seeking fair settlements to help with recovery or losses, and bringing civil rights abusers to justice can help you gain closure and protect future potential victims from similar rights abuses.
If you believe your civil rights have been violated, contact us today for a free consultation to discuss your case and your legal options.