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.
D
- Damages
- Money awarded by a court to a plaintiff. Includes compensatory damages (for actual harm) and punitive damages (to punish egregious conduct).
- Death in custody
- The death of a person while detained by law enforcement or held in a jail, prison, or detention facility. May give rise to civil rights claims if caused by excessive force or deliberate indifference.
- Declaratory relief
- A court ruling that declares the legal rights of the parties without ordering anyone to pay money or take action. Often sought alongside injunctive relief.
- Default judgment
- A ruling in favor of one party when the opposing party fails to appear or respond in court. Rare in civil rights cases but can occur when defendants ignore lawsuits.
- Defendant
- The person or entity being sued. In civil rights cases, defendants are typically individual officers, supervisors, municipalities, or government agencies.
- Deliberate indifference
- A legal standard requiring proof that a government official consciously disregarded a substantial risk of serious harm. Required to establish certain civil rights claims, such as those involving prison medical care.
- Deposition
- An out-of-court sworn statement taken during discovery. Attorneys question witnesses and the testimony is recorded and can be used at trial. A key tool in civil rights cases involving police officers.
- Discovery
- The pre-trial process where parties exchange evidence, documents, and information. Includes depositions, interrogatories, and document requests.
- Due process (procedural)
- The constitutional requirement that the government follow fair procedures before depriving a person of life, liberty, or property. Protected by the Fifth and Fourteenth Amendments.
- Due process (substantive)
- The constitutional principle that certain fundamental rights cannot be taken away by the government regardless of what procedure is used. Governs claims of conscience-shocking government conduct.
- Discrimination (law enforcement)
- Legal claims based on unequal treatment by law enforcement or government officials because of a person's race, sex, religion, national origin, disability, or other protected characteristic. These attorneys handle racial profiling, selective enforcement, and violations of the Equal Protection Clause and federal anti-discrimination statutes.
E
- Eighth Amendment
- The constitutional amendment prohibiting cruel and unusual punishment. Governs conditions of confinement, use of force against convicted prisoners, and denial of medical care.
- Equal protection
- The constitutional guarantee that the government must treat similarly situated people equally. The basis for claims of racial profiling, discriminatory policing, and selective enforcement.
- Excessive force
- The use of more physical force than is objectively reasonable under the circumstances. Claims against police are evaluated under the Fourth Amendment's reasonableness standard.
- Exhaustion of remedies
- A requirement to pursue all available administrative or internal remedies before filing a lawsuit. Prisoners must typically exhaust prison grievance procedures before suing under federal law (PLRA).
F
- Failure to intervene
- A civil rights claim against an officer who witnessed another officer use excessive force and did nothing to stop it. Officers have an affirmative duty to intervene when they see a constitutional violation occurring.
- Failure to train
- A theory of municipal liability under Monell holding that a city's inadequate training of officers amounts to deliberate indifference and caused the constitutional violation.
- False arrest
- Detaining or arresting a person without legal justification or probable cause. A common civil rights claim under the Fourth Amendment.
- Filing deadline
- The date by which a lawsuit must be filed. Missing it permanently bars the claim, regardless of how strong the facts are. Determined by the applicable statute of limitations.
- First Amendment
- The constitutional amendment protecting freedom of speech, religion, assembly, and the right to petition the government. Relevant to retaliation claims when police arrest or harass people for filming officers or protesting.
- Fourteenth Amendment
- The constitutional amendment that applies constitutional protections to state governments and guarantees due process and equal protection. Most civil rights claims against state and local officials rely on it.
- Fourth Amendment
- The constitutional amendment protecting against unreasonable searches and seizures. It governs police stops, arrests, searches of homes and vehicles, and use of force.
- Fruit of the poisonous tree
- Evidence obtained as a result of an unlawful search or seizure that must be excluded at trial. A criminal law doctrine relevant when challenging the legality of an arrest or prosecution.
- Failure to protect
- A civil rights claim against a law enforcement officer or government official who had a duty to protect someone and deliberately failed to act. Courts recognize an affirmative duty to protect people in government custody — when officials stand by while someone in their care is seriously harmed, they may be held liable.
G
- Grand jury
- A group of citizens who review evidence in secret to determine whether criminal charges should be filed. Grand juries decide whether to indict officers in police misconduct cases, and their decisions are often controversial.
- Government misconduct
- Legal claims against government officials who abused their authority, engaged in corruption, covered up wrongdoing, or took illegal actions while in office. Government misconduct attorneys pursue accountability for public officials who misuse the power entrusted to them, including cases that attract DOJ oversight.
H
- Habeas corpus
- A court order requiring the government to justify why a person is being detained. A fundamental tool to challenge unlawful imprisonment, especially in wrongful conviction cases.