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.
S
- Search and seizure
- The legal framework under the Fourth Amendment governing when and how police can search persons, homes, and vehicles, and seize evidence or property.
- Section 1983
- Shorthand for 42 U.S.C. § 1983 — the federal statute that allows people to sue state and local government officials for civil rights violations.
- Section 1985
- A federal law prohibiting conspiracies to deprive people of their civil rights. Applies when multiple actors coordinate to violate rights, such as in a cover-up of police misconduct.
- Section 1988
- A federal law allowing a prevailing plaintiff in a civil rights case to recover attorney's fees from the defendant. Critical to making civil rights litigation economically viable for both clients and attorneys.
- Settlement
- An agreement between parties to resolve a lawsuit without trial. Most civil rights cases settle. Settlements may include monetary compensation and, in some cases, policy changes.
- Sovereign immunity
- A doctrine protecting the government from being sued without its consent. States have broad immunity; local governments (cities and counties) have more limited immunity and can be sued under Monell.
- Standing
- The legal requirement that a plaintiff have suffered a real, concrete injury in order to bring a lawsuit. You must have personally been harmed to have standing to sue.
- Statute of limitations
- The time limit within which a lawsuit must be filed after the harm occurred. For § 1983 claims, courts apply the state's personal injury statute of limitations, which varies by state.
- Stop and frisk
- A brief police detention and pat-down search based on reasonable suspicion. Governed by Terry v. Ohio. Large-scale stop-and-frisk programs have been successfully challenged as unconstitutional.
- Subpoena
- A court order requiring a person to testify or produce documents. Failure to comply can result in contempt of court. Used in civil rights cases to obtain police records, body camera footage, and other evidence.
- Summary judgment
- A court ruling that resolves a case without a full trial when there are no disputed facts and one party is entitled to win as a matter of law. A major hurdle in civil rights cases, often used to enforce qualified immunity.
- Sexual harassment (government)
- Civil rights and tort claims against government officials — including law enforcement officers — who used their position of authority to engage in sexual coercion, harassment, or assault. These attorneys pursue civil liability and accountability for government employees who exploit the power of their office.
- Systemic reform
- Litigation aimed at changing the policies, training, and institutional culture of entire government agencies — rather than pursuing compensation for individual victims alone. Systemic reform cases may result in court orders, federal oversight, and lasting policy changes affecting entire communities for years to come.
T
- Terry stop
- A brief investigatory detention by police based on reasonable suspicion. Named after Terry v. Ohio (1968). Police may pat down outer clothing for weapons during a Terry stop.
- Testimony
- Sworn statements given by a witness in a deposition, hearing, or trial. Lying in testimony is perjury.
- Tort
- A civil wrong that causes harm to another person and gives rise to a legal claim. Civil rights violations are a form of constitutional tort, giving plaintiffs the right to sue for damages.
U
- Use of force
- The degree of force applied by law enforcement. Evaluated under the Fourth Amendment's objective reasonableness standard. Police departments typically have use-of-force policies covering a spectrum from verbal commands to lethal force.
V
- Venue
- The geographic location where a lawsuit is filed. Civil rights cases are typically filed in the federal district court where the events occurred.
W
- Warrant
- A court order authorizing police to conduct a search or make an arrest. Warrants require a showing of probable cause and must describe the place to be searched or the person to be arrested.
- Whistleblower
- A person who reports misconduct by a government entity or employer. May have First Amendment and statutory protections against retaliation, including civil rights claims if punished for speaking out.
- Witness
- A person with relevant knowledge who provides testimony in a deposition or at trial. Witness testimony is often central to civil rights cases involving disputed accounts of police conduct.
- Wrongful conviction
- A conviction of a person who is actually innocent, or whose conviction was obtained through misconduct, suppression of evidence, false testimony, or other violations of constitutional rights.
- Wrongful death
- A civil claim brought by the surviving family members or estate of a person who was killed due to another's wrongful conduct. In civil rights cases, wrongful death claims arise when someone dies as a result of excessive force, deliberate indifference, or other constitutional violations.
- Wrongful imprisonment
- Civil claims brought by people who were unlawfully or unjustly incarcerated — whether due to false arrest, malicious prosecution, wrongful conviction, or systemic failure. Wrongful imprisonment attorneys fight for their clients' freedom and pursue compensation for the devastating personal, economic, and social harm of being imprisoned without just cause.