Disputes arising under the United States Constitution or the Constitution of New York are complex and require a deep understanding of the law to resolve. We represent individuals whose constitutional rights have been violated or challenged as well as public entities, government officials, and private companies that must defend or challenge all sorts of new legislation or government action.
At Evan Miles Goldberg PLLC, our constitutional lawyer in New York is innovative and advises our clients on the constitutional implications of their situations and/or new legislation. Contact us today at (212) 888-6497 to schedule a consultation. We will discuss your case, identify the possible legal issues, and outline your best options to obtain a just and fair remedy.
Rights and Freedoms under the U.S. Constitution
The U.S. Constitution grants individuals a range of fundamental rights and freedoms, including:
- The right to free speech and expression
- The right to a fair trial
- The right to bear arms
- Equal protection under the law
- Protection against unreasonable searches and seizures
- Protection against self-incrimination and double jeopardy
- Protection against cruel and unusual punishment
- Freedom of religion
Although not specifically mentioned in the U.S. Constitution, most businesses (depending on their structure and purpose) are protected by the Constitution, too. For example, they have rights to free speech and free association as well as due process. Other corporate rights (and responsibilities) are established in the Commerce Clause.
Types of Constitutional Law Cases
The types of constitutional law cases mirror the rights and freedoms listed above and include:
- First Amendment issues, which include cases involving Free Expression, Establishment, Freedom of Association, and Freedom of the Press clauses
- Fourth Amendment issues, where you have been subjected to unreasonable searches and seizures, privacy violations, and a denial of due process
- Fifth Amendment rights, where you have been subjected to unlawful self-incrimination or double jeopardy, or denied due process
- Equal protection, where you have been discriminated against based on race, gender, religion, and other protected characteristics
- Procedural due process, where you have been denied access to fair procedures in government actions, like a hearing or trial
- Contract clause, where challenges are made to statutory or regulatory enactments or enforcement on constitutional grounds
- Dormant commerce clause, where challenges are made to prohibit state legislation from discriminating against or unduly burdening interstate or international commerce
- Voting rights, where you have been denied fair and equal access to the voting process
Potential Parties Responsible for Constitutional Rights Violations
In most cases, individuals can sue the at-fault parties when constitutional rights have been violated. Responsible parties are typically law enforcement officers or government agencies. Other potential at-fault parties include employers or public institutions – it all depends on the facts and circumstances of each individual case.
Government Entities
If your constitutional rights were violated by a government entity, such as a federal, state, or local government agency, you may be able to bring a lawsuit against them. This can include issues related to free speech, freedom of religion, due process, equal protection, and more. In such cases, you may be suing under the doctrine of "constitutional torts," an action that violates the U.S. Constitution but is not otherwise tortious.
Law Enforcement and Other Government Officials
You can also sue individual government officials, such as law enforcement officers or government employees, if they violated your constitutional rights. This typically involves claims of excessive force, unlawful searches and seizures, or other violations of your civil liberties.
Private Entities
In some cases, private entities or individuals can also be sued for constitutional violations if they are acting in a way that is deemed to be a "state actor." This can be complex and often depends on the specific circumstances of the case. For example, a private security firm hired by a government agency may be considered a state actor.
Qualified Immunity
Not every constitutional violation will be successful in the courts. Government officials often have qualified immunity, which can shield them from certain lawsuits. This doctrine can make it more challenging to sue government officials for constitutional violations. Fortunately, there are exceptions and limitations to qualified immunity.
Section 1983 Claims
In the United States, many constitutional violation claims against government officials are brought under Section 1983 of the Civil Rights Act. This law allows individuals to sue government officials for violations of their constitutional rights.
Remedies for Constitutional Violations in New York
Failure to address constitutional violations can result in continued infringement of your rights. It also means a lack of accountability for government misconduct as well as an erosion of constitutional protections.
Regardless of which state you reside or visit, if your constitutional rights or freedoms have been violated, you should consider seeking a remedy meant to compensate or correct the harm done to you. Remedies for constitutional violations may include but are not limited to:
- Financial compensation for damages
- Injunctive relief to stop ongoing violations
- Reversal of wrongful convictions
- Changes in policies or practices to prevent future violations
The remedy for your specific case will be dependent on the facts and circumstances as well as your specific demands.
Examples of Landmark Constitutional Law Cases
Many cases involving constitutional questions have come before the U.S. Supreme Court. These cases have helped shape the law by exploring and defining the boundaries of constitutional rights and freedoms and identifying their many limitations and exceptions.
Brown v. Board of Education (1954)
Perhaps one of the most significant Supreme Court cases in American history, Brown v. Board of Education, challenged the constitutionality of racial segregation in public schools. In a unanimous decision, the Court declared that separate educational facilities for black and white students were inherently unequal, thereby overturning the "separate but equal" doctrine established in Plessy v. Ferguson (1896). This landmark case laid the foundation for the civil rights movement and the eventual desegregation of public institutions across the country.
Miranda v. Arizona (1966)
Miranda v. Arizona was another pivotal case, this time pertinent to criminal law. It determined that “statements obtained from an individual who is subjected to custodial police interrogation” are admissible against him in a criminal trial, but procedures are necessary to “assure that the individual is accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to incriminate himself.”
Roe v. Wade (1973)
Roe v. Wade is synonymous with the abortion rights debate in the United States. In this case, the Supreme Court ruled that a woman has the constitutional right to choose to have an abortion, striking down restrictive state laws that criminalized the procedure. The decision was based on the right to privacy, marking a significant milestone in reproductive rights jurisprudence and continuing to generate heated legal and political debates to this day. In Dobbs v. Jackson Women's Health Organization (2022), the Supreme Court overturned Roe v. Wade – now, a constitutional right to abortion is not guaranteed.
Shelby County v. Holder (2013)
Shelby County v. Holder struck down a key provision of the Voting Rights Act of 1965, which required certain states with a history of racial discrimination to obtain federal approval before changing their voting laws. The Court's decision significantly weakened federal oversight of voting laws, leading to concerns about the resurgence of voter suppression efforts.
Obergefell v. Hodges (2015)
Obergefell v. Hodges was a pivotal case that recognized same-sex marriage as a constitutional right. The Supreme Court held that state bans on same-sex marriage violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment. This decision marked a significant milestone in the fight for LGBTQ+ rights and marriage equality, extending equal rights to all Americans regardless of sexual orientation.
These landmark Supreme Court cases have played a crucial role in shaping the constitutional landscape in the United States. As your constitutional lawyer in New York, we understand the implications of these cases and their ongoing significance. These cases remind us that the Constitution is a living document, subject to interpretation and adaptation as the country evolves and faces new challenges.
How to Know If You Have a Constitutional Law Case
You may have a constitutional law case if you believe any one of your constitutional rights has been violated. You may also have a case if you have been denied due process or equal protection under the law or have been subjected to government misconduct or discrimination based on a protected class.
But what do the circumstances actually look like? Below are some common situations in which a person or organization might need a constitutional lawyer.
- Challenging Government Actions. Constitutional lawyers can represent individuals or organizations that believe their constitutional rights have been violated by government actions. This could involve issues such as freedom of speech, freedom of religion, due process, equal protection, or unlawful searches and seizures. For example, what if a school district poses a restriction on your right to pray before a high school football game? What if a police officer pulls you over for a traffic stop for no reason but the color of your skin?
- Civil Rights Litigation. Constitutional lawyers often handle civil rights cases where individuals or groups seek redress for violations of their constitutional rights by government entities or officials, such as police misconduct, discrimination, or unlawful arrests. For example, what if the mayor's office does not hire people who follow Islam? What if a school suspends a student because of their refusal to change their hair, like cutting off locs?
- Constitutional Challenges to Legislation. When individuals or organizations believe that a law or regulation infringes upon their constitutional rights, constitutional lawyers can challenge the constitutionality of such laws in court. For example, what if you believe a new state law infringes on your right to use your firearm? What if you are an insurance agency and a new medical malpractice law on damages cap infringes on your company's right to equal protection and due process?
- Election and Voting Rights. Constitutional lawyers may be needed to address issues related to voting rights, such as gerrymandering, voter suppression, or challenges to election processes. For example, what if that state enacted legislation where government-issued photo IDs were required to vote but you do not have a photo ID.
- Land Use and Property Rights. In cases involving land use regulations, zoning laws, or property rights disputes, constitutional lawyers can help clients assert their property rights and challenge government actions that may infringe upon those rights. For example, what if the government wants to take a portion of your land for a new highway but does not want to properly compensate you for it?
- First Amendment Issues. Issues related to freedom of speech, freedom of the press, freedom of assembly, and freedom of religion often require the expertise of constitutional lawyers, especially in cases involving censorship, defamation, or government restrictions on these rights.
- Privacy Rights. Constitutional lawyers may be needed to address privacy issues, particularly in cases involving surveillance, data collection, and Fourth Amendment protections against unreasonable searches and seizures. What if you were suspected of dealing drugs, and the local police surveilled your home – you believe unlawfully – with drones?
- Immigration Matters. Individuals facing deportation or detention may require constitutional lawyers to assert their due process rights and challenge government actions related to immigration enforcement. For example, what if you were a lawful permanent resident, left the country for a brief period of time, and upon your return, were treated like an inadmissible alien and placed in removal proceedings?
- Educational Institutions. Students or faculty members who believe their academic or First Amendment rights have been violated within educational institutions may seek the counsel of constitutional lawyers. For example, what if your religion dictated that children should not attend school after eighth grade, but your school district was trying to force your children to attend?
- Nonprofits and Advocacy Organizations. Organizations advocating for specific causes or engaging in political activism may require constitutional lawyers to navigate complex legal issues related to their activities and to protect their right to engage in advocacy.
- Constitutional Amendments and Referendums. When citizens or advocacy groups seek to amend a state constitution or initiate a referendum, constitutional lawyers can provide guidance on the legal process and potential challenges.
- State vs. Federal Jurisdiction. Constitutional lawyers may be involved in cases that address the division of powers between state and federal governments, ensuring that each level of government adheres to constitutional principles.
In all these situations, constitutional lawyers play a crucial role in safeguarding and advocating for the constitutional rights of individuals and organizations, often through litigation, legal research, and the interpretation of constitutional provisions. Their expertise is essential for navigating complex constitutional issues and ensuring that the principles of the Constitution are upheld. If you believe your constitutional rights have been violated in New York, contact our constitutional lawyer at Evan Miles Goldberg PLLC to discuss your case.
When to Hire a Constitutional Law Lawyer in New York
You should consider hiring a constitutional law lawyer when any of the above or similar situations arise or are needed. In sum, you hire a constitutional attorney when:
- Your constitutional rights have been violated
- You are facing government misconduct or discrimination
- You need assistance navigating complex constitutional issues
- You are seeking justice and accountability for constitutional violations
Working with a skilled constitutional law attorney from Evan Miles Goldberg PLLC can benefit you in many ways. We offer:
- Deep knowledge of constitutional law
- Vigorous advocacy for your rights in court
- Thorough evaluation of your case's merits
- Access to a network of experts and resources
- A path forward to obtain applicable remedies
We are a dedicated team of professionals who want to ensure your interests and rights are upheld and safeguarded.
Contact a Constitutional Law Attorney in New York Today
Be aware that there are statutes of limitations for filing lawsuits, and these vary depending on the type of claim and jurisdiction. It is essential to act promptly. Ultimately, the ability to sue for constitutional issues depends on the specific facts of your case and the applicable laws. Consulting with an attorney who specializes in constitutional law is the best way to determine your options and the strength of your potential case.
At Evan Miles Goldberg PLLC, our constitutional attorney in New York will evaluate the specific circumstances of your case, advise you on the best course of action, and represent you in court if necessary. Contact us today by filling out the online form or calling us at (212) 888-6497 to schedule a consultation.