Civil Rights Violated By Keeping Suspect In Custody for Three Days?

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The story of a young man in Chicago who was arrested on his 20th birthday raises the question of how much one has to go through to have a case for civil rights violations. In this case, police officers left a man zip-tied to a bench on a hot summer day, and denied him access to an attorney. It took him four months to be found not guilty of the alleged crime of selling a controlled substance, after a witness picked someone else as the person who had committed the crime.

The case was outside the scope of an ongoing U.S. Department of Justice investigation in to possible human rights violation considered against the Chicago Police Department. A Cook County commissioner was reportedly planning to bring the issue before a Board of Commissioners, asking that the situation be included in the investigation. Although the young man later found not guilty, he was arrested in 2005 getting his hair braided on a relative’s porch. The civil rights violations began when he was taken to a detention facility, formerly a large retail warehouse, where the air was unreasonably hot, and interrogated for hours about drug crimes and a murder he knew nothing about. He wasn’t allowed access to a lawyer or phone for three days.

Why he wasn’t taken to a police station in the area isn’t clear. He was reportedly identified as a man who sold about $20 worth of drugs to an undercover police officer. But at his trial, the officer pointed to someone else, when asked who had allegedly sold her the drugs. A Chicago attorney says he represents three African American men who say they were unlawfully arrested, handcuffed to a wall in a dark cell, strip-searched and denied access to food and counsel for crimes they didn’t commit – constituting violations of their basic human rights in a practice that has gone on for years, according to a CNN report.

The accusations include the use of the “n word” and that the police made up evidence to make it look like his clients were guilty. Lawyers realized the depth of the issue when they got calls not from police stations, but from relatives, because those in jail weren’t being allowed to use the phone promptly upon their arrest. It also meant most of those arrested in Chicago had no access to lawyers while in police custody.

Less than 1% of those arrested in Chicago in 2013 had a lawyer while in police custody. A University of California Irvine Law Review study recently included that detail and furthermore found that in Chicago “arrestees can be detained without a lawyer for a maximum of three days.” Illinois law only stipulates a person is entitled to communicate with an attorney “within a reasonable time” after an arrest.

The alleged victim in this case says the arrest still injures his ability to get employment.

Civil Rights


Civil Rights

The term “Civil Rights” generally refers to those rights established under state and federal constitutions or statutes protecting certain “unalienable rights”, such as voting or being free from unlawful searches or seizures and discrimination based upon gender, race, disability, age or other characteristics. This office handles a wide variety of civil rights cases under the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the Unruh Civil Rights Act, and actions commonly referred to as “Section 1983” actions.

Your Civil Rights:

Civil Rights Act of 1964 (Title VII), 42 US Code Section 2000e-2 is a federal law which prohibits discrimination in employment on the basis of an individual’s race, color, religion, sex or national origin.

Age Discrimination in Employment Act (ADEA) is a federal law which protects certain employees against age discrimination in employment.

California Fair Employment and Housing Act (FEHA), California Government Code Section 12940, et seq., is similar to Title VII and protects individuals under California law. The protections are similar to those of the Americans with Disabilities Act (ADA), but is much broader
in its protection of employees with medical conditions. The FEHA also protects employees against discrimination based upon gender, race, religion, medical condition and other characteristics.

Unruh Civil Rights Act, California Civil Code Section 51, et seq., prohibits discrimination by California “business establishments” on the basis of protected characteristics such as race, gender and disability.

Title 42 US Code Section 1983 is a federal law which provides protection of individuals denied rights under “color of state law.” These actions are typically based upon denial of due process or equal protection, such as police brutality, or termination of government employees’ jobs.

If you believe you have had your civil rights violated, contact our office for a consultation.

For a free consultation call 1-855-700-5678

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MichaelCarver

The Law Offices of Michael L. Carver is a California law firm handling a wide variety of legal issues, including class actions, unfair competition, unfair business practices, victims’ rights, discrimination and civil rights infringements. We represent clients in the California Courts, United States District Courts of California and the Federal Ninth Circuit Court of Appeals. We have multiple office sites in California.

What Our Office Does

We fight for those who have had their constitutional and legal rights violated by corporate entities. We are a plaintiff’s law firm that prosecutes civil cases under the ADEA (age), the ADA (disability), Unruh Civil Rights Act, Business and Professions Code (fraud and unfair competition) and other civil rights statutes to vindicate you and your rights in state and federal court.

When your rights have been violated, you need strong representation. Our attorneys fight to protect your legal and constitutional rights violated by corporations engaging in unlawful practices.

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We provide quality, professional representation for our clients at reasonable fees. With many years of hands-on experience handling business enterprises, we combine aggressive representation with a problem-solving approach to resolve legal issues. We believe in honestly informing our clients if we believe that litigation is not in their best interests. We work closely with our clients, so they are an integral part of their case.

This site provides general information about our law practice regarding civil rights, unfair business practices, victims’ rights and class action suits. Visit Practice Areas for general information about the areas of law in which we handle cases. Our site has been prepared using California and Federal law, and may generally answer many common questions regarding legal rights and remedies. However, in most cases, our website will not provide complete answers to your legal questions, because each person’s situation is different and there are numerous exceptions to every rule of law. The law is changed frequently by the legislature and is interpreted by the courts.

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We represent clients in cases in the California Courts, the United States District Courts of California and the Ninth Circuit Court of Appeal. Mr. Carver is a member of the Butte County Bar Association, Los Angeles County Bar Association, Sacramento County Bar Association, and the California Employment Lawyers Association. We represent the victims of abuse and prosecute cases under state and federal civil rights laws, anti-discrimination laws, victims’ rights acts and unfair competition laws.

Our office handles cases in the following areas:

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ABOUT US

Michael Carver

Carver Law was founded by Senior Attorney Michael L. Carver.

Mr. Carver has handled well over a thousand matters as an Attorney, including over 120 cases filed as class actions. Our office handles matters including civil rights violations, class actions, construction law, personal injury, unfair business practices and victims rights. We represent clients in cases in the California Courts, the United States District Courts of California and the Ninth Circuit Court of Appeal.
Mr. Carver is a member of several Attorney organizations: the Butte County Bar Association, Sacramento County Bar Association, Los Angeles County Bar Association and the California Employment Lawyers Association. We understand that injury-related problems can be stressful. We carefully examine each client’s situation and determine the most appropriate course of action.

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