Legal Glossary
Plain-language definitions of legal terms that come up in civil rights cases. If you're reading about a case, talking to an attorney, or trying to understand your rights, start here.
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- 42 U.S.C. § 1983
- The primary federal law used to sue state and local government officials for civil rights violations. It creates a right of action when someone acting "under color of law" deprives you of a constitutional right.
A
- Affirmative defense
- A legal defense that, if proven, defeats or limits the plaintiff's claim even if the underlying allegations are true. Qualified immunity is the most common affirmative defense in civil rights cases.
- Appeal
- A request to a higher court to review and reverse a lower court's decision. An appeal is not a new trial — it reviews whether legal errors were made.
- Arraignment
- The first court appearance in a criminal case, where the defendant is formally charged and enters a plea. Relevant to civil rights cases involving false arrest or malicious prosecution.
- Attorney
- A licensed legal professional authorized to represent clients in court and provide legal advice. Also called a lawyer.
- Attorneys' fees
- Under 42 U.S.C. § 1988, a plaintiff who wins a civil rights case can recover their attorney's fees from the defendant. This is critical to making civil rights cases economically viable for lawyers and clients alike.
- ADA Litigation
- Legal cases brought under the Americans with Disabilities Act against government agencies or law enforcement that failed to accommodate a person's disability. If a government entity denied equal access or caused harm by ignoring its ADA obligations, an ADA litigation attorney can pursue a civil rights claim on your behalf.
- Activist rights
- Legal representation for people targeted by police or government officials because of their political beliefs, protest activity, or exercise of First Amendment rights. Activist rights attorneys handle arrests, surveillance, and civil rights violations arising from demonstrations, organizing, and other protected speech or assembly.
- Appellate law
- A legal practice focused on appealing court decisions to higher courts. An appellate attorney reviews lower court rulings for legal errors and argues for reversal or modification. Relevant in civil rights cases when a trial court dismisses a claim or grants qualified immunity.
B
- Battery (civil)
- Intentional harmful or offensive physical contact with another person without consent. When committed by police, it may support civil rights and state tort claims.
- Brady violation
- A prosecutor's failure to disclose evidence favorable to the defendant, as required by Brady v. Maryland (1963). Can be grounds for overturning a conviction and may support a civil rights claim.
- Bivens action
- A civil rights lawsuit against a federal government employee — such as an FBI agent, DEA officer, Border Patrol agent, or U.S. Marshal — for constitutional violations. Named after Bivens v. Six Unknown Named Agents (1971), these claims allow individuals to sue federal officers personally when no federal statute creates a direct remedy.
C
- Cause of action
- The legal basis for a lawsuit — the specific right that was violated and the law that provides a remedy. In civil rights cases, the primary cause of action is typically a § 1983 claim.
- Civil rights
- Rights guaranteed by the U.S. Constitution and federal law that protect individuals from unlawful conduct by government actors — including police, prison officials, and other state employees.
- Civil rights claim
- A lawsuit alleging that a government actor violated your constitutional rights. Most civil rights claims are brought under 42 U.S.C. § 1983 in federal court.
- Class action
- A lawsuit filed by a group of people with similar claims against the same defendant. One or more plaintiffs represent the entire group.
- Color of law
- Acting with the authority or apparent authority of the government. A required element of any § 1983 claim — the defendant must have been acting under color of state law, not as a private individual.
- Compensatory damages
- Money awarded to compensate for actual harm — medical bills, lost wages, pain and suffering, and emotional distress.
- Complaint
- The initial document filed in court that sets out the plaintiff's legal claims and the facts supporting them. Filing a complaint formally starts a lawsuit.
- Consent (to search)
- Voluntarily agreeing to allow police to conduct a search. Consent is a complete defense to a Fourth Amendment search and seizure claim. Consent given under coercion or duress may be invalid.
- Consent decree
- A court-approved settlement between the government and a defendant — often a police department — that requires specific reforms and ongoing court oversight. The DOJ has used consent decrees to reform major police departments.
- Contempt of court
- Willful disobedience of a court order. Courts can impose fines or imprisonment. Relevant when a government entity refuses to comply with an injunction or consent decree.
- Contingency fee
- A payment arrangement where the attorney's fee is a percentage of the recovery. No fee is owed if the case is lost. Common in civil rights cases because clients often cannot pay hourly rates.
- Continuance
- A postponement of a court hearing or deadline. Either party can request one; courts may grant or deny based on the circumstances.
- Counterclaim
- A claim made by a defendant against the plaintiff in the same lawsuit. Police and municipalities sometimes file counterclaims in civil rights cases.
- Catastrophic injury
- A practice area covering cases where someone suffered life-altering physical harm — such as paralysis, traumatic brain injury, or permanent disability — as a result of police or government misconduct. These cases seek compensation for long-term medical costs and the permanent impact on quality of life.
- Constitutional law
- Legal practice focused on cases where government officials violated rights guaranteed by the U.S. Constitution — including free speech, protection from unreasonable searches, and equal protection. Constitutional law attorneys argue that government conduct was not merely harmful but unconstitutional.
- Criminal defense
- Legal representation for people charged with crimes, particularly where charges arise from police misconduct, false arrests, or government overreach. Criminal defense attorneys challenge the government's evidence and protect defendants' constitutional rights at every stage of prosecution.
- Custodial abuse
- Legal representation for people who were physically, sexually, or psychologically abused while in government custody — including jails, prisons, and immigration detention centers. Custodial abuse claims target both individual officers and the institutions responsible for oversight and supervision.