Civil Rights Litigation: Representing Plaintiffs Today

by Rebecca A. Taylor

Overview

Asserting our civil rights goes to the heart of what it means to be an American, but unfortunately, our property, liberty, and even life can be sacrificed when we exercise these fundamental rights. This book seeks to help lawyers, their clients, and the general public negotiate the field of civil rights law in the social and political climate of America today. Civil Rights Litigation is a step toward sharing information and cooperation between everyone who supports civil rights, including the separate movements, attorneys, their clients, and the general public.

Product Details

ISBN-13:	9781627223188
Publisher:	American Bar Association
Publication date:	08/07/2014
Sold by:	Barnes & Noble
Format:	eBook
Pages:	322
File size:	571 KB

About the Author

After working for foreclosure firms for about two years and seeing the real-life impact of foreclosure on individuals and families, Rebecca A. Taylor started a solo practice defending against foreclosures to put to use the knowledge she had gained of the system for the benefit of the people. Ms. Taylor currently resides in Hollywood, Florida, with her husband, Jim, and son, Carl.

Table of Contents

Acknowledgments xi

Introduction xiii

Modern Solutions: Litigation and Beyond xvi

Pro-Civil Rights Focus xvii

Recognizing the Good That Many Government Officials Do xviii

Other Definitions and Caveats xix

Part 1 Foundations of Civil Rights 1

Chapter 1 The Second Amendment 5

The Current Law of the Second Amendment 14

Stand Your Ground 33

Mental Health Aspects 41

Intervention for At-Risk Youth 43

The Future of the Second Amendment Debate 46

Chapter 2 The First Amendment 49

Declaration of Independence 49

Protests 56

The Occupy Movement 66

Chapter 3 The Fourth Amendment-Search and Seizure 97

What Privacy Means Today versus What It Should Mean 97

Common Law Right to Privacy 104

What Privacy Invasions Are We Willing to Accept? 108

Racial Profiling, Spying, and Harassment 109

Stop-and-Frisk 111

Physical Searches and Seizures 112

Police Killings of Unarmed Citizens 138

Chapter 4 The Fifth Amendment-Rights of Persons 141

Due Process 141

Chapter 5 The Fourteenth Amendment-Rights Guaranteed, Privileges and Immunities of Citizenship, Due Process, and Equal Protection 149

Equal Protection 149

Chapter 6 Discrimination Due to Sexual Orientation 151

Debunking the Anti-Equality Myths 157

Affirmation of Equality in Marriage by the Supreme Court 159

Part 2 Litigation 153

Chapter 7 The Process Before Trial, Settlement, or Appeal 165

Chapter 8 Conducting Your Due Diligence 167

Chapter 9 Dealing with Opposing Counsel 169

Chapter 10 Intake 173

Risk Management 175

Ultimate Goals 176

Chapter 11 Other Practice Tips 179

Distinguishing Bad Case Law and Statutes 179

Chapter 12 Forming Your Case 181

Precedent and Case Strategies for Protesters 182

What Would You Have Done? 182

Choosing Your Venue and Pleading Accordingly 196

Litigating Against Probable Cause and Qualified Immunity 204

Interlocutory Appeals of Qualified Immunity 208

Chapter 13 Motion Practice 221

Motions to Dismiss 221

Motions to Remove to Federal Court 226

Motions for Preliminary Injunctions or Temporary Restraining Orders 228

Motion for Judgment on the Pleadings 243

Motion for Summary Judgment 246

Chapter 14 Discovery 255

Sample Requests for Production 256

Sample Deposition Questions for the Arresting Police Officer 257

Supplementing Discovery with FOIA Requests 258

Chapter 15 The New Guerrilla Warfare of Civil Rights 265

Other Forums of Protest 265

Grassroots Constitutional Amendments 268

Assistance from the National Guard 272

Elections 272

Boycotting 273

The Power of Exposure 274

Fight Back with Technology 275

Index 287

About the Author 301