# Civil Rights Attorney in New York City - Jacob D. Fuchsberg Law Firm - / - Civil Rights ## Civil Rights Attorney in New York City - Your rights don't disappear because of who you are, where you come from, or whether you're behind bars. If a government official, law enforcement officer, or employer has violated your constitutional rights, Jacob D. Fuchsberg Law Firm is ready to stand with you. - We represent individuals throughout New York City in federal and state civil rights claims, with a track record that includes a record-setting $3 million settlement against the Federal Bureau of Prisons in an inmate sexual abuse case. [Get a Free Case Review](https://www.fuchsberg.com/contact) - martindale - https://www.martindale.com/organization/the-jacob-d-fuchsberg-law-firm-396211/ - 11 reviews - google - https://www.google.com/search?q=jacob+d+fuchsberg+law&newwindow=1&sca_esv=561300690&rlz=1C1CHBD_enRU940RU941&ei=azfvZLuqI4Daxc8PxamjqAc&ved=0ahUKEwj7i5W7soSBAxUAbfEDHcXUCHUQ4dUDCBA&uact=5&oq=jacob+d+fuchsberg+law&gs_lp=Egxnd3Mtd2l6LXNlcnAiFWphY29iIGQgZnVjaHNiZXJnIGxhdzILEC4YgAQYxwEYrwEyBxAuGIoFGEMyBhAAGBYYHjIGEAAYFhgeMggQABiKBRiGAzIIEAAYigUYhgMyCBAAGIoFGIYDMhoQLhiABBjHARivARiXBRjcBBjeBBjgBNgBAUicDFCjBli_CXABeAGQAQCYAa0BoAGnBKoBAzAuNLgBA8gBAPgBAcICChAAGEcY1gQYsAPiAwQYACBBiAYBkAYDugYGCAEQARgU&sclient=gws-wiz-serp#lrd=0x89c25900307de965:0x50c7e7061a0d5df3,1,,,, - 34 reviews info - martindale - https://www.martindale.com/organization/the-jacob-d-fuchsberg-law-firm-396211/ - 11 reviews - google - https://www.google.com/search?q=jacob+d+fuchsberg+&rlz=1C1CHBD_enRU940RU941&ei=Bm42ZIetI5CKrwTQirjYCw&ved=0ahUKEwiHyO_C-KP-AhUQxYsKHVAFDrsQ4dUDCA8&uact=5&oq=jacob+d+fuchsberg+&gs_lcp=Cgxnd3Mtd2l6LXNlcnAQAzIFCAAQgAQyBQguEIAEMgYIABAWEB4yBggAEBYQHjIGCAAQFhAeMggIABAWEB4QCjIICAAQigUQhgMyCAgAEIoFEIYDMggIABCKBRCGA0oECEEYAVDKBFjKBGD-BmgBcAB4AIABXYgBXZIBATGYAQCgAQHAAQE&sclient=gws-wiz-serp#lrd=0x89c25900307de965:0x50c7e7061a0d5df3,1,,,, - 29 reviews ## Our Notable Civil Rights Results - civil rights - Compensation for Untimely Spinal Cord Treatment - civil rights - Firm settles largest inmate sexual assault claim against U.S. government in history - civil rights - Prisoner loses her vision after the jail fails to provide proper medical care [View All Success Stories](https://www.fuchsberg.com/success-stories) ## Jacob D. Fuchsberg Law Firm: Standing Up for Civil Rights in New York The Jacob D. Fuchsberg Law Firm was founded by Judge Jacob Fuchsberg, who won the first million-dollar verdict in the country and later served on the New York Court of Appeals, the state's highest court. That legacy of pushing the law forward continues today in our civil rights practice. Our attorneys have recovered millions of dollars for civil rights victims across New York and beyond, including a $3 million settlement against the Federal Bureau of Prisons in an inmate sexual abuse case. Members of our team have been named among Forbes's "Best Personal Injury Lawyers in NYC" and recognized by Super Lawyers, and they serve on the boards of New York's leading trial lawyer associations. We handle every civil rights case on a contingency fee basis, meaning you’ll pay nothing unless we recover compensation for you. [Meet Our Attorneys](https://www.fuchsberg.com/about-us) ## What Are Your Civil Rights? Everyone living in New York has the right to be free from discrimination in housing, employment, education, and public accommodations, and the way the law is applied to them. Although some might try to get you to see things differently, freedom from discrimination in every sector is your birthright as an American. This is true whether you were born in this country or not. Additionally, characteristics such as age, race, gender, and disability are protected under various federal and New York state laws. ### Where Do Civil Rights Come From? Unfortunately, civil rights have not always been easy to come by. It seems every generation has had to fight for the right to equal treatment under the law by staging protests and pressuring lawmakers to pay attention to the problem. The [Civil Rights Act of 1964](https://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964), the [Voting Rights Act of 1965](https://www.archives.gov/milestone-documents/voting-rights-act), and the [Age Discrimination Act of 1975](https://www.dol.gov/agencies/oasam/regulatory/statutes/age-discrimination-act) are just some examples of the above. Although these and other civil rights laws have existed for decades, that doesn’t mean that people still don’t receive unfair treatment and occasionally require the assistance of a New York civil rights lawyer. ### What Are Civil Liberties? Civil liberties and civil rights are basic freedoms guaranteed to every individual under federal and New York law. While civil rights protect people from discrimination based on one or more identifying factors, civil liberties are a type of limited freedom that protects people from intrusion by the government. Some states afford their citizens greater civil liberties than others. You have the legal right to work with a New York civil rights lawyer if you feel that the state has violated your basic human rights in some way. ### Civil Rights vs. Civil Liberties Civil rights protect individuals from discrimination based on who they are. [Civil liberties](https://www.law.cornell.edu/wex/civil_liberties), meanwhile, are a broader category of freedoms that protect people from government overreach, such as the right to free speech or peaceful assembly. Both can be violated, and both can give rise to legal claims. ## Civil Rights Cases We Handle in New York ### [Prisoners' & Detainee Rights](https://www.fuchsberg.com/civil-rights/inmate-rights-attorney) Incarceration doesn’t void constitutional protections. People held in jails, prisons, and detention facilities retain the right to be free from physical and sexual abuse, the right to adequate medical care, and the right to safe conditions of confinement. When corrections staff use excessive force, ignore a serious medical need, or fail to protect someone from a known threat, the facility and the government entities that run it can be held accountable. We represent individuals, as well as the families of those who have been involved in such cases as: #### Prison Abuse People in custody keep basic constitutional protections. When guards use excessive force, ignore a known danger, or retaliate against someone for reporting mistreatment, the facility can be held accountable. #### [Prison Injuries](https://www.fuchsberg.com/civil-rights/injury-in-prison) Assaults, falls, unsafe conditions, and a failure to protect someone from a known threat can cause serious injuries behind bars. A facility that disregards a substantial risk of harm may be held liable. #### [Prison Sexual Assault](https://www.fuchsberg.com/civil-rights/sexual-assault-prison) Sexual abuse in custody is never part of a lawful sentence. The federal [Prison Rape Elimination Act (PREA)](https://bja.ojp.gov/program/prea/overview) requires facilities to prevent and respond to it, and one that ignores a known risk or fails to supervise staff can be held accountable. Our firm recovered a $3 million settlement against the Federal Bureau of Prisons in an inmate sexual abuse case. #### [Prison Medical Malpractice](https://www.fuchsberg.com/civil-rights/prison-medical-malpractice-attorney) People in custody depend entirely on the facility for medical care. Under [Estelle v. Gamble](https://www.law.cornell.edu/supremecourt/text/429/97), deliberate indifference to a serious medical need violates the Eighth Amendment. We bring these cases under Section 1983 and, for federal facilities, the Federal Tort Claims Act.r the Federal Tort Claims Act against federal institutions such as the Bureau of Prisons. #### [Wrongful Death in Prison](https://www.fuchsberg.com/civil-rights/prison-wrongful-death-lawyer) When a death in custody follows untreated illness, violence, or ignored warning signs, the family may bring a wrongful death claim. In New York, the estate usually pursues it. ### Police Misconduct and Brutality Most New York City police officers take their oath seriously. However, a few may abuse their authority, and the resulting harm can be life-altering. Police misconduct remains one of the most frequently litigated civil rights issues in the city. We hold officers and the agencies that employ them accountable. Our team handles cases involving: - [Police misconduct](https://www.fuchsberg.com/civil-rights/police-misconduct) - [Wrongful arrest](https://www.fuchsberg.com/civil-rights/wrongful-arrest) - [Malicious prosecution](https://www.fuchsberg.com/civil-rights/malicious-prosecution) - [Sexual assault in custody](https://www.fuchsberg.com/civil-rights/sexual-assault-in-police-custody) - [Medical malpractice in custody](https://www.fuchsberg.com/civil-rights/medical-malpractice-in-police-custody) The U.S. Department of Justice [enforces the federal law](https://www.justice.gov/crt/addressing-police-misconduct-laws-enforced-department-justice) that makes it unlawful for officers to deprive people of their constitutional rights, and individuals can also bring their own claims for damages. Our attorney, [Jaehyun Oh](https://www.fuchsberg.com/attorneys/jaehyun-oh), manages police brutality and prisoner rights matters for the firm. ### Advocacy for Injured Detainees in ICE Custody Non-citizens and immigrant New Yorkers held in federal immigration detention centers retain strong constitutional and statutory protections. People in ICE custody are frequently subjected to serious injustices: physical abuse by officers, denial of adequate medical care, and injuries that go unaddressed for weeks or months. Our civil rights attorneys evaluate claims arising from federal immigration detention, including actions under the Federal Tort Claims Act, to ensure that survivors of abuse in ICE custody have access to legal recourse and the compensation they deserve. Facing Civil Rights Violations in New York? [Schedule a Free Consultation](https://www.fuchsberg.com/contact) Our experienced attorneys at Jacob Fuchsberg Law Firm are ready to help you navigate your legal options. ### [Employment Discrimination and Retaliation](https://www.fuchsberg.com/employment-law) New York law prohibits employers from making decisions based on an employee's race, gender, age, disability, sexual orientation, religion, national origin, or other protected characteristics. Employment discrimination can affect hiring, pay, promotions, working conditions, and termination. We handle claims involving: - **Age discrimination:** The [ADEA](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967) protects workers over 40, and the [OWBPA](https://www.eeoc.gov/history/older-workers-benefit-protection-act-1990) bars cuts to older employees' benefits. - **Sex, gender, and pay discrimination:** The [Equal Pay Act](https://www.eeoc.gov/statutes/equal-pay-act-1963) and the New York City Human Rights Law require equal pay for substantially similar work. - **Sexual orientation and gender identity discrimination:** In [Bostock v. Clayton County](https://www.scotusblog.com/cases/bostock-v-clayton-county-georgia/), the Supreme Court confirmed that Title VII protects LGBTQ+ employees, and New York City law goes further. - **Race and national origin discrimination:** Refusing to hire or promote, demotion, a hostile work environment, or unjustified English-only rules based on accent or ancestry. - **Sexual harassment:** Unwanted advances, demands for sexual favors, and lewd or hostile conduct in the workplace. - **Retaliation:** Punishing an employee for reporting discrimination or taking part in an investigation, through demotion, pay cuts, reassignment, or termination. ### Housing and Public Accommodations Discrimination Federal, state, and New York City law protect against discrimination in housing and in places open to the public. It is unlawful for a landlord, building, or business to refuse service, deny housing, or treat you differently because of your race, national origin, religion, disability, family status, gender, or another protected characteristic. We represent New Yorkers who have been denied an apartment, refused a reasonable accommodation for a disability, or turned away from a public business because of who they are. ### Other Civil Rights Cases We also represent New Yorkers in a range of other civil rights matters, including: - [Child abuse](https://www.fuchsberg.com/civil-rights/child-abuse) - [Foster care abuse](https://www.fuchsberg.com/accidents/foster-care-abuse) - [False Claims Act (whistleblower) cases](https://www.fuchsberg.com/civil-rights/false-claims-act-attorney) - [Stark Law claims](https://www.fuchsberg.com/civil-rights/stark-law-claims-attorney) - [Sexual abuse](https://www.fuchsberg.com/sexual-abuse-lawyer) - [Wrongful conviction](https://www.fuchsberg.com/civil-rights/wrongful-incarceration-attorney) - Misconduct by city officials If your situation doesn't fit neatly into one of the categories listed here, that doesn't mean we can't help. Contact us to discuss your case confidentially. ## How to File a Federal Civil Rights Lawsuit Federal law gives individuals the right to sue when a government official violates their constitutional rights. To bring a claim under [Section 1983 of the Civil Rights Act of 1871](https://www.nolo.com/legal-encyclopedia/what-is-a-section-1983-lawsuit-against-the-police.html), you must demonstrate three facts: - Another person violated rights guaranteed to you by the U.S. Constitution or a federal statute. - That person was acting under “color of law,” meaning they were on duty and serving in their official capacity. - The individual’s conduct directly deprived you of a constitutional right, federal statutory right, or immunity. Liability can extend beyond the individual officer. If a municipality knew about misconduct and failed to act, engaged in negligent hiring practices, or maintained policies that encouraged unlawful behavior, you may also name it as a defendant in your claim. Our attorneys can evaluate your situation and explain whether you have a viable case. ## What Compensation Can You Recover? Civil rights cases can result in several forms of financial recovery, depending on the nature of the violation and the harm suffered. You may qualify to receive the following types of damages: - **Economic damages:** Cover medical expenses, lost wages, and other out-of-pocket losses directly resulting from the violation. - **Non-economic damages:** Address the broader impact on the claimant’s life, including pain and suffering, emotional distress, and loss of enjoyment of life. - **Punitive damages:** May be awarded in cases where the defendant's conduct was especially egregious as a deterrent against future violations. Additionally, federal law often makes attorney's fees recoverable in successful civil rights cases. That means you may be able to pursue a claim without paying any legal costs out of pocket. ## Time Limits for Filing a Civil Rights Claim in New York Prompt action is vital in civil rights claims. These legal procedures are subject to statutes of limitations, or time limits, that vary depending on the type of claim and the defendant involved. Section 1983 claims in New York are generally subject to a three-year statute of limitations from the date the violation occurred. Claims against municipalities may require a [Notice of Claim](https://www.nycourts.gov/legacyPDFs/courts/6jd/forms/SRForms/ntc_howto.pdf) to be filed within 90 days of the incident, and the lawsuit itself must typically be filed within one year and 90 days of the incident. If you were wrongfully convicted of an offense and your conviction has since been overturned, you may have a separate claim under [Section 8-B](https://www.nysenate.gov/legislation/laws/CTC/8-B) of the state’s Court of Claims Act. Missing one of these deadlines can derail your claim before it even gets started. If you believe your rights have been violated, contact our office as soon as possible. team ## Attorneys Who Can Help with Your Civil Rights Case [View All Team Members](https://www.fuchsberg.com/attorneys) reviews ## contact us If Your Rights Were Violated, We Can Help You Fight Back As you can see, civil rights encompass many broad areas. However, the bottom line is that all human beings deserve to be treated with respect and dignity, regardless of the situation. Our New York civil rights attorneys fight for the rights of those denied this basic protection guaranteed to every citizen under the United States Constitution. If you believe your rights have been violated, please contact us at [(212) 869-3500](tel:+12128693500) for a free case evaluation. Our civil rights lawyers will answer your questions, give you legal advice, and help you decide what steps to take next. - We are available to you 24/7 - Compassionate in our approach - Don’t Pay Unless We Win FAQ ## Frequently Asked Questions The potential compensation depends on the type of violation and the harm you experienced. Economic damages may be available to cover tangible losses like medical bills and lost wages, while non-economic damages can address pain, suffering, and emotional distress. In cases of serious misconduct, courts may also award punitive damages, though this is rare. - What compensation is likely to be awarded for my civil rights case in New York? Civil rights cases follow the civil standard of proof: a preponderance of the evidence, meaning it’s more likely than not that your rights were violated. This is less demanding than the "beyond a reasonable doubt" standard that applies in criminal cases. - What is the burden of proof in a civil rights case? There’s no definitive answer to this question. Some cases settle within months; others may take several years if they proceed to trial. The timeline comes down to the complexity of the facts, the number of defendants, and whether the case goes through administrative channels before litigation. - How long will it take to resolve my civil rights case in New York? If a government official, law enforcement officer, or employer treated you unlawfully because of some aspect of your identity or violated your constitutional rights while acting in an official capacity, you may have a valid claim. We offer free consultations and can assess your situation without obligation. - How do I know if I have a valid civil rights claim? We take civil rights cases on a contingency basis, which means you’ll pay nothing up front, and you’ll only owe attorney's fees if we recover compensation for you. In many successful civil rights cases, federal fee-shifting also allows the court to order the government to pay the claimant’s attorney's fees, further reducing your out-of-pocket cost. - How much does a civil rights lawyer cost? **Yes.** When a city agency, the NYPD, or another government entity violates your rights, you can pursue a claim against it, though these cases involve additional procedural steps. Claims against the city typically require the filing of a Notice of Claim within 90 days of the incident, so it’s important to speak with an attorney quickly to protect your right to seek compensation. - Can I sue the City of New York or the NYPD? resources ## Our Latest Civil Rights Insights --- Jacob D. Fuchsberg Law Firm — [https://www.fuchsberg.com/civil-rights](https://www.fuchsberg.com/civil-rights)