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.
I
- Immunity (absolute)
- Complete protection from civil liability afforded to certain officials — such as judges and prosecutors acting in their official roles — regardless of the conduct. Unlike qualified immunity, absolute immunity has no exceptions.
- In forma pauperis
- A legal status allowing a person who cannot afford court filing fees to proceed without paying them. From Latin, meaning "in the form of a pauper." Commonly used by incarcerated plaintiffs.
- Indemnification
- When an employer agrees to pay any judgment or settlement on behalf of an employee. Most police officers are indemnified by their department or city, meaning taxpayers often pay civil rights judgments rather than officers personally.
- Injunctive relief
- A court order requiring a party to do something or stop doing something. In civil rights cases, often sought to halt ongoing unconstitutional policies or practices.
- Interrogatories
- Written questions sent to the opposing party during discovery that must be answered under oath. Used to gather facts, identify witnesses, and learn what evidence the other side has.
J
- Judgment
- A court's final decision on the claims in a lawsuit. May award damages, declaratory relief, injunctive relief, or a combination.
- Jurisdiction
- A court's authority to hear a particular case. Federal courts have jurisdiction over civil rights claims under § 1983. State courts may also hear some civil rights claims.
- Jury trial
- A trial in which a jury of citizens decides the facts and renders a verdict. Civil rights plaintiffs have a right to a jury trial in federal court under the Seventh Amendment.
L
- Laches
- An equitable defense arguing that the plaintiff unreasonably delayed bringing a claim, causing prejudice to the defendant. Distinct from a statute of limitations — courts apply it on a case-by-case basis.
- Law firm
- A business entity formed by one or more attorneys to practice law. Law firms may handle individual civil rights cases or focus on institutional reform litigation.
M
- Malicious prosecution
- Initiating a criminal or civil case without probable cause and with malice, which is later resolved in the target's favor. A cognizable civil rights claim under the Fourth and Fourteenth Amendments.
- Miranda rights
- Rights that must be read to a person before a custodial interrogation — including the right to remain silent and the right to an attorney. Named after Miranda v. Arizona (1966). Failure to Mirandize may affect the admissibility of statements.
- Monell claim
- A civil rights claim against a local government entity based on an unconstitutional policy, custom, or practice. Named after Monell v. Dept. of Social Services (1978). Required to hold a city or county liable under § 1983.
- Motion
- A formal request asking a court to take a specific action — such as dismissing a case, excluding evidence, or compelling discovery. Civil rights cases involve many motions before trial.
- Motion to dismiss
- A request by the defendant to end the case before trial, arguing that even if the plaintiff's allegations are true, there is no valid legal claim. Qualified immunity is often raised at this stage.
- Municipal liability
- The legal responsibility of a city, county, or other local government for civil rights violations caused by its policies, customs, or practices. Established through a Monell claim.
- Medical neglect (incarceration)
- Civil rights claims arising from the denial of adequate medical or mental health care to people in jail, prison, or other government facilities, resulting in serious injury or death. Under the Eighth Amendment, deliberate indifference to a serious medical need is unconstitutional — these attorneys hold facilities accountable when they knowingly ignore a person's health needs.
N
- No-knock warrant
- A search warrant that authorizes police to enter a premises without first knocking and announcing their presence. Associated with high-profile deaths and Fourth Amendment challenges.
- Nominal damages
- A small, symbolic sum — often $1 — awarded when a constitutional right was violated but no actual monetary harm is proven. Still legally significant because it confirms the violation occurred.
- Nonprofit
- A non-profit legal organization that provides civil rights representation, often at reduced or no cost to clients who cannot otherwise afford an attorney.
- Notice of claim
- A formal document that must be filed with a government entity before you can sue it. Deadlines are typically very short — often 90 days from the incident. Failure to file may permanently bar your lawsuit.