Civil Rights / Public Entity

KCF has over two decades of experience representing the business side of civil rights. We vigorously defend public entities, institutions, and contractors against allegations of wrongdoing, which often arise when legitimate business decisions are challenged. Our civil rights practice includes defending claims that allege the deprivation of an individual's civil rights by a public entity. Such allegations may be "stand alone" claims brought by third parties or may be brought by employees and combined with claims of employment discrimination.

The law regarding liability for municipal entities changes frequently and dramatically. Our attorneys engage in continual research, review, and analysis of legal proceedings and court cases to stay ahead of changes of this area of law and the way legal changes impact our clients. Our continued analysis of the laws, coupled with our technical knowledge, enables us to move swiftly to respond when the rights and interests of public entity clients are in jeopardy.

The most frequently used remedy to recover against municipalities and public officials for alleged wrongful conduct is the Civil Rights Act of 1871, more commonly known as Section 1983. These claims are often based on allegations of:

• Wrongful termination claims, including race, age, gender, and disability discrimination claims;
• Excessive use of force;
• False arrest;
• False imprisonment;
• Malicious prosecution;
• Due process violations;
• Improper search and seizure.

The civil rights team at KCF brings together employment lawyers, litigators, constitutional lawyers, and general liability and insurance attorneys to mount a formidable defense against charges of civil rights violations.

In resolving these complex and emotionally charged issues, we bring specific experience in constitutional tort law, including § 1983, § 1988, Bivens Claims, and school law. Our team also deals extensively with preventive measures for public entity clients, providing counseling and education on civil rights matters and areas of issue that commonly befall public and institutional clients. We are often called upon to provide pre-litigation analysis and investigation to determine how our clients should proceed in addressing charges of violations.

When claims demand fair and swift resolution, our team is prepared and ready to litigate on behalf of public clients in the federal and state trial courts and courts of appeal, as well as resolving cases through mediation, arbitration, and alternative dispute resolution.