Public Entity & Civil Rights
Our Public Entity & Civil Rights group represents the interests of governmental and quasi-governmental bodies including agencies, authorities, municipalities, law enforcement personnel, and political subdivisions in matters ranging from civil rights defense, to Title VII issues, to sexual misconduct and to false arrest. We also defend educational institutions of all types – public and private, from pre-K to post graduate – in scenarios as far ranging as student security to inappropriate contact and sexual misconduct. Our expertise includes matters involving highway design defects and other traffic related issues, premises liability, zoning, including claims involving displacement of citizens with special needs, and representation of school boards.
- First Amendment: We defend public entities against allegations of retaliation, free speech violations, and prior restraint. Our victories include dismissals of claims involving workplace criticisms, zoning decisions, and challenges to municipal ordinances. These cases demonstrate our ability to distinguish between protected speech and lawful government action.
- Fourth Amendment & Due Process: Our attorneys regularly secure dismissals in cases alleging unlawful searches, seizures, false arrest, and malicious prosecution. We have successfully argued that brief police encounters, arrests, and high-speed pursuits do not always rise to the level of constitutional violations, protecting our clients from unwarranted liability.
- Equal Protection & Selective Enforcement: We defend municipalities against claims of discriminatory treatment and selective enforcement, including challenges to parking ordinances and business regulations. Our rational basis arguments have been repeatedly upheld, affirming the legitimacy of municipal distinctions and policy decisions.
- Americans with Disabilities Act (ADA): Our practice includes defending police departments and public entities against ADA claims arising from law enforcement actions, including use of force incidents. We have successfully demonstrated that exigent circumstances and lack of discriminatory intent can defeat ADA claims in high-pressure situations.
- State Law & Immunity Issues: We are adept at navigating the complexities of state law claims, municipal immunity, and the transfer of pendant state claims after federal jurisdiction ends. Our attorneys have shaped new law regarding the timely transfer of claims and the scope of immunity under the Political Subdivision Tort Claims Act.
Our practice includes:
- Correctional Facilities
- Educators
- Government Officials
- Police
- School Districts
- Townships and Counties
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