CIVIL RIGHTS Civil rights litigation covers a broad spectrum of administrative, state and federal laws. The Law Office of Jason K. Feldman, PC is committed to protecting your rights. We have experience at both the state and federal level, as well as the skill to represent you in any case. Every civil rights case is different, and we offer smart and personalized guidance to help you protect your civil rights. Civil Rights matters may be brought in many cases under federal and state law. In some cases, you may also be required to exhaust administrative remedies or pursue internal procedures that build the case from the ground up and subsequently allow you to pursue remedies in state or federal court. It is critical to bring in experienced attorneys who can guide you through all stages of the process so you can maximize your chances of a positive outcome in your case.
The Law Office of Jason K. Feldman, PC has achieved proven results in the following areas: EXCESSIVE FORCE Excessive force refers to force in excess of what a police officer reasonably believes is necessary. A police officer may be held liable for using excessive force in an arrest, an investigatory stop, or other seizures. Excessive force by the police during an arrest violates the Fourth Amendment to the U.S. Constitution and these claims are brought under 42 U.S.C. Section 1983 of the Civil Rights Act of 1871. A suspect who has been a victim of excessive force may have a viable lawsuit against the arresting officers and even the municipality that employs them. PRISONERS RIGHTS Deficient medical and mental health care, dangerous conditions posing an unreasonable risks of harm, use of excessive or unlawful force, parole rights, and impairment of constitutional rights are examples of Prisoners Rights cases handled by The Law Office of Jason K. Feldman, PC.
HABEAS CORPUS Latin meaning, "bring the body before us” is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. It is, essentially, a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a writ of habeas corpus.
EMPLOYMENT DISCRIMINATION, RETALIATION AND WRONGFUL TERMINATION Retaliatory discharge refers to an employee being discharged by their employer for anything other than work performance reasons. This generally occurs when the employee exercises their rights, such as reporting their employer’s wrongful conduct, or when participating in union activities. Another example is when an employee files a valid worker’s compensation claim, and is then discharged from their position. Many state and federal laws state that retaliatory discharge is illegal, and is considered to be a type of wrongful termination. Wrongful termination occurs when an employee is fired in such a way that it violates federal, state, and local laws. Further, wrongful termination is typically an exception to any at-will employment doctrines. At-will employment allows employers to fire an employee for, essentially, any reason at all. Employers are not allowed to terminate an employee for any conduct that is protected or lawful. There must be lawful reasons such as those associated with work performance. Retaliatory discharge can be viewed as “revenge,” and as such, it is entirely unlawful.
RIGHT TO PEACEFUL ASSEMBLY/PEACEFUL PROTEST Free expression of one's beliefs is protected by the First Amendment to the U.S. Constitution, which generally protects free speech, freedom of religion, freedom of the press, and freedom of assembly. Protesting -- the time-honored practice of publicly speaking out against perceived injustices and urging action -- is a form of assembly and thus protected by the Constitution. But while there is a right to peaceful protest in the U.S., "peaceful" being the operative word, there are limits.
FREE SPEECH/DEFAMATION If it is written down, it's called "libel" whereas if it's spoken, it's called "slander." Defamation law attempts to balance the freedom of speech and open exchange of ideas without giving someone permission to run around spreading lies about another that may harm his or her reputation and ability to earn a living.
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