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.
P
- Pattern or practice
- A recurring course of conduct by a police department or government entity that violates constitutional rights. The Department of Justice can investigate and sue under 42 U.S.C. § 14141 to force systemic reforms.
- Perjury
- The crime of lying under oath. Evidence of perjury by police officers can support civil rights claims and form the basis for overturning a criminal conviction.
- Plaintiff
- The person or party who brings a lawsuit. In civil rights cases, the plaintiff is typically the person whose rights were violated.
- Police misconduct
- Improper or illegal conduct by a law enforcement officer, including excessive force, false arrest, malicious prosecution, fabrication of evidence, and racial profiling.
- Preliminary injunction
- A court order issued before trial to prevent ongoing harm or maintain the status quo while the case is pending. Requires showing likelihood of success on the merits and irreparable harm.
- Prison Litigation Reform Act (PLRA)
- A federal law imposing procedural requirements on incarcerated people filing civil rights lawsuits, including mandatory exhaustion of all administrative remedies before going to court.
- Pro bono
- Legal work done for free or at significantly reduced cost. Many civil rights attorneys take cases on contingency (a percentage of any recovery) rather than charging by the hour.
- Pro se
- Representing yourself in court without an attorney. From Latin, meaning "for oneself." Courts give pro se litigants some procedural leniency but it is difficult to litigate a civil rights case without counsel.
- Probable cause
- A legal standard requiring a reasonable basis to believe a crime has been or is being committed. Required before police can make a lawful arrest or obtain a search warrant.
- Prosecutorial misconduct
- Improper or illegal actions by a prosecutor — such as withholding evidence, suborning perjury, or making improper arguments — that violate a defendant's constitutional rights.
- Punitive damages
- Money awarded to punish a defendant for particularly egregious or malicious conduct. Available in some civil rights cases against individual officers, but not against municipalities.
- Personal injury (police/government)
- Civil cases seeking compensation for physical harm caused by a law enforcement officer's negligence or intentional misconduct — including injuries from government vehicles, dangerous conditions created by government entities, or officer actions that caused bodily harm outside the context of a formal arrest.
- Police brutality
- A category of excessive force cases involving particularly severe or egregious physical violence by law enforcement — including beatings, chokeholds, shootings, Taser deployments, K-9 attacks, and dangerous restraint techniques. Police brutality attorneys pursue both individual officer liability and Monell claims against the department.
- Police negligence
- Civil cases arising from careless or reckless officer conduct that caused harm without necessarily being intentional — including negligent vehicle operation during patrols or pursuits. Police negligence attorneys establish liability when officers failed to follow proper procedure and someone was injured or killed as a result.
- Pretrial justice
- Legal representation for people subjected to unconstitutional detention before trial — including those held because they cannot afford bail, denied timely hearings, or subjected to due process violations before conviction. Being jailed before trial can cost people their jobs, housing, and family stability.
- Prison reform
- Litigation challenging unconstitutional conditions, abusive practices, and the systemic denial of rights in jails and state or federal prisons. Cases cover cruel and unusual punishment, overcrowding, denial of medical care, and access to courts. Prison reform cases often result in court-ordered reforms and consent decrees.
Q
- Qualified immunity
- A legal doctrine that shields government officials from civil liability unless they violated a "clearly established" constitutional right. Widely criticized as a barrier to civil rights accountability.
R
- Racial profiling
- The use of race, ethnicity, or national origin as the basis for suspecting someone of criminal activity. A violation of the Equal Protection Clause and the subject of ongoing legislative reform.
- Reasonable suspicion
- A legal standard lower than probable cause that allows police to briefly stop and question a person based on specific, articulable facts suggesting criminal activity. The basis for a Terry stop.
- Retaliation
- Taking adverse action against someone for exercising a constitutional right — such as filing a complaint, speaking to the press, or recording police. A cognizable First Amendment civil rights claim.