When a person is injured or killed due to the misconduct of a government official, whether a police officer, jailer, or public employee, it isn’t just a tragedy. It’s a civil rights violation. These cases often involve betrayal of public trust, physical harm, and emotional trauma that affect entire families and communities. At our firm, we understand the deep wounds these events leave behind, and we fight to hold those in power accountable.
Civil Rights Personal Injury Lawyer
Civil rights violations aren’t just legal wrongs, they’re personal. Victims are often left unheard, intimidated, and unsure of how to move forward. Our legal team represents people who have been seriously injured or have lost loved ones due to abuse, neglect, and excessive force by state or local actors. These cases may involve police brutality, jail deaths, or failure to provide basic medical care behind bars. We bring years of litigation experience to every case, with the goal of securing justice, accountability, and financial recovery for our clients.
We represent clients across the state and work with families nationwide on particularly egregious cases involving death, disfigurement, or prolonged abuse. If you or a loved one suffered harm at the hands of law enforcement or other state actors, contact our office today to schedule a free, confidential consultation.
Overview of Civil Rights Violations Causing Injury or Death in Georgia
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- Types of Civil Rights Violations That Cause Injury or Death
- Civil Rights Violations Resulting in Death
- Types of Injuries Caused by Civil Rights Violations
- Where Civil Rights Violations Often Happen in Georgia
- Determining Liability for Civil Rights Violations in Georgia
- Filing a Civil Rights Violation Claim in Georgia
- Questions Victims Ask About Civil Rights Violations in Georgia
- Hire a Civil Rights Violation Injury Lawyer In Georgia
Types of Civil Rights Violations That Cause Injury or Death
Excessive Force and Police Brutality – When officers use more force than necessary, whether through beatings, tasers, chokeholds, or unjustified shootings, they violate the Constitution and create devastating consequences. These encounters often result in broken bones, brain injuries, permanent disability, or death. Victims are frequently unarmed, restrained, or mentally ill. Families deserve answers, and those responsible must be held accountable.
Denial of Medical Care in Custody – Correctional officers and jail staff are required to ensure detainees receive proper medical treatment. Failing to provide care for emergencies such as seizures, withdrawals, diabetic episodes, or mental health breakdowns can quickly turn fatal. We’ve seen cases where jail inmates cried out for help, only to be ignored or mocked until it was too late. This is more than neglect—it’s deliberate indifference.
In-Custody Abuse and Unsafe Jail Conditions – Inmates are frequently exposed to dangerous conditions: overcrowded facilities, unmonitored isolation cells, or violent cellmates. When jail staff ignore warnings, fail to separate vulnerable individuals, or use violent restraint tactics, they create a lethal environment. If a loved one was injured or killed in jail, there may be a civil rights case against the county, sheriff’s department, or private facility operator.
Wrongful Arrest or Detention – Being arrested without probable cause or held unlawfully is a violation of the Fourth Amendment. While not always physically violent, these encounters often lead to injury or mental trauma, especially if excessive force is used during the arrest or detention process. Racial profiling and targeted harassment also frequently underpin these cases.
Deadly Restraints and Positional Asphyxia – Many in-custody deaths result from improper restraint techniques. When officers hog-tie, kneel on, or leave someone face-down for too long, the result can be suffocation. “Positional asphyxia” is a well-documented cause of death in law enforcement encounters, often misrepresented as resistance or sudden medical episodes. But body camera footage and expert review often tell a very different story.
Use of Force Against Minors and Youth – Children and teens, particularly in schools or juvenile detention facilities, have been injured by resource officers and guards who used inappropriate levels of force. From being slammed to the ground to being handcuffed for behavioral issues, these cases reflect systemic failures and require urgent legal response.
Jail and Prison Neglect – In addition to medical neglect, correctional institutions may violate civil rights by ignoring suicide risks, failing to monitor dangerous inmates, or allowing staff-on-inmate abuse. These incidents often go unreported until serious injury or death occurs, and even then, officials may withhold critical information from grieving families.
Civil Rights Violations Resulting in Death
Few tragedies are more devastating than losing a loved one to a preventable civil rights violation. When misconduct by government actors leads to death, whether through police brutality, in-custody neglect, or excessive force, it isn’t just a personal loss; it’s a constitutional crisis. Under both federal and Georgia law, the family of the deceased has the right to pursue a wrongful death claim based on civil rights violations.
Police Shootings — In Georgia and across the country, fatal shootings by police officers have been a major cause of civil rights litigation. These often stem from alleged use of force in situations involving mental health crises, unarmed civilians, or mistaken identity. Body camera footage and eyewitness accounts are critical in determining whether the use of deadly force was justified under the U.S. Constitution.
Inmate Deaths — Many deaths occur behind bars due to inadequate medical treatment, failure to prevent suicide, or abusive staff behavior. Inmates, who still retain their constitutional rights, may suffer fatal consequences when officers ignore symptoms, delay emergency care, or subject them to dangerous conditions. Georgia jails in counties like Fulton, Bibb, and Clayton have been the focus of multiple investigations into in-custody deaths.
Positional Asphyxia and Restraint-Related Deaths — Excessive restraint techniques, such as hog-tying, kneeling on a suspect’s back or neck, or using tasers repeatedly, have caused suffocation or cardiac arrest in victims. When these tactics are used improperly, especially on individuals with underlying medical conditions, the result is often fatal.
Failure to Intervene — In some fatal cases, the death itself might not be caused by a single actor, but by a systemic failure to intervene. For example, when jail staff ignore obvious signs of distress, or other officers fail to stop a colleague using unlawful force, courts may find joint liability.
When a death occurs due to a constitutional violation, family members may file both a civil rights wrongful death claim and a survivorship action on behalf of the estate. These cases are complex and emotionally charged, but they serve a vital purpose: exposing institutional abuse and securing justice for families left behind.
At our firm, we approach every wrongful death case with compassion, precision, and an unwavering commitment to holding negligent government entities accountable.
Types of Injuries Caused by Civil Rights Violations
The physical and emotional consequences of civil rights violations are often catastrophic. Victims are not only subjected to unjust treatment but frequently suffer injuries that require lifelong medical care—or result in death. Here are some of the most common injuries we see:
Traumatic Brain Injuries (TBI) — These can result from police beatings, aggressive restraints, or assaults in jail. Victims often suffer memory loss, cognitive decline, or permanent disability.
Spinal Cord Injuries and Paralysis — Excessive force or dangerous restraint positions can lead to vertebral damage or severed nerves, especially when individuals are thrown to the ground or hog-tied during an arrest.
Disfigurement and Internal Injuries — Blunt force trauma from batons, knees, or tasers can cause internal bleeding, organ damage, and facial disfigurement. These injuries are not only physically devastating but emotionally scarring.
Psychological Trauma — Survivors may develop PTSD, anxiety disorders, or severe depression. Victims of wrongful arrest or jail abuse often struggle with paranoia, sleep disorders, and long-term fear of law enforcement.
Where Civil Rights Violations Often Happen in Georgia
Civil rights violations can occur in any city or county across Georgia, but some environments present higher risk due to concentrated law enforcement presence or systemic issues within local government.
Jails and Detention Centers — Facilities in counties such as Fulton, Bibb, and Clayton have faced repeated scrutiny for unsafe conditions, denial of medical care, and in-custody deaths. Overcrowded and understaffed facilities often lack proper medical screening, leading to neglect-related tragedies.
Traffic Stops and Roadside Encounters — Unjustified arrests, unlawful searches, and racial profiling frequently occur on Georgia roadways. Some of the most serious use-of-force incidents in the state have occurred during routine traffic stops.
Police Encounters in Atlanta and Macon — Urban centers experience a high volume of law enforcement interactions. Sadly, these interactions sometimes escalate into excessive force, wrongful arrests, and civil rights violations, particularly in historically over-policed neighborhoods.
Schools and Juvenile Facilities — Georgia’s public schools and youth detention centers have seen reports of students—especially Black and disabled youth—being physically restrained, handcuffed, or placed into dangerous isolation.
Rural County Sheriff’s Departments — Smaller jurisdictions with fewer oversight mechanisms are also high-risk. Abuse, retaliation, and improper use of power by deputies often go unchecked until serious injury or death occurs.
Determining Liability for Civil Rights Violations in Georgia
Civil rights cases are not always straightforward. In many instances, multiple parties may share responsibility, including:
Individual Officers or Jail Staff — Any state actor who used excessive force, failed to provide care, or violated your rights may be personally liable. These individuals can be sued under 42 U.S.C. § 1983 for acting “under color of law.”
Supervising Officials or Police Departments — If the misconduct stemmed from poor training, lack of supervision, or unconstitutional policies, the department or agency may also be held liable under the “Monell doctrine.”
County or Municipality — Georgia counties and cities can be sued when they fail to discipline known abusers, ignore patterns of misconduct, or foster a culture that allows civil rights violations to occur.
Private Medical Providers in Jail Settings — Many Georgia jails outsource medical care to private contractors. If these companies fail to provide timely or adequate medical attention, they may be held civilly liable for deliberate indifference.
To determine who’s liable, our firm thoroughly investigates policy manuals, internal reports, witness accounts, and forensic records.
Filing a Civil Rights Violation Claim in Georgia
To file a civil rights claim, victims must navigate both federal constitutional law and Georgia’s procedural requirements. These claims typically arise under 42 U.S.C. § 1983, a federal statute that allows individuals to sue state actors for violations of constitutional rights.
Basic Requirements:
- A state actor (e.g., police officer, deputy, corrections officer)
- A constitutional violation (such as use of excessive force, denial of medical care, wrongful arrest, etc.)
- Actual damages (physical injuries, emotional distress, or death)
Steps Involved:
- Preserve Evidence — Photographs, medical records, jail logs, and videos should be gathered immediately.
- File a Notice of Claim (if required) — In Georgia, some lawsuits involving public entities must be preceded by a formal notice under the Georgia Tort Claims Act.
- Initiate the Lawsuit — A complaint must be filed in state or federal court, often within two years of the incident (the typical statute of limitations for § 1983 claims in Georgia).
If your loved one died due to a civil rights violation, we can also pursue a wrongful death claim under Georgia law, in addition to the federal civil rights case.
Questions Victims Ask About Civil Rights Violations in Georgia
How do I know if my civil rights were violated?
If you were seriously injured, wrongfully detained, denied care, or your loved one died while in custody, you may have a valid claim. A civil rights attorney can help assess whether the law was broken.
Can I sue a police officer or sheriff?
Yes. Individual officers can be sued under federal law if they used excessive force, acted without legal justification, or showed deliberate indifference to your safety.
What damages can I recover?
You may be entitled to compensation for medical expenses, lost income, pain and suffering, emotional distress, and in some cases, punitive damages. In wrongful death cases, surviving family members may also recover funeral costs and loss of companionship.
How long do I have to file a claim in Georgia?
Civil rights lawsuits must typically be filed within two years of the violation. Some claims involving public agencies may require a notice of claim to be filed within six months.
Do I need a lawyer for a civil rights case?
Absolutely. Civil rights litigation is complex and often aggressively defended. An experienced attorney is essential for gathering evidence, navigating federal statutes, and fighting back against government agencies.
Hire a Civil Rights Violation Injury Lawyer In Georgia
Victims of civil rights violations often face silence, resistance, and institutional cover-ups. That’s why it’s essential to work with a law firm that knows how to investigate, litigate, and challenge powerful entities. Our team works closely with forensic experts, medical professionals, and constitutional scholars to uncover the truth and hold cities, counties, and state agencies accountable.
If your loved one died or was seriously injured due to police brutality, jail neglect, or another civil rights violation, you may have a claim under federal or state law, including 42 U.S. Code § 1983. We can help you navigate this complex legal landscape, seek compensation, and pursue real accountability.
McArthur Law Firm serves the cities of Atlanta in Fulton County, Macon in Bibb County, Kathleen in Houston County, Peachtree Corners and Lawrenceville in Gwinnett County, Marietta and Smyrna in Cobb County, Stonecrest, Brookhaven and Dunwoody in Dekalb County, Albany in Dougherty County, Columbus in Muscogee County and throughout surrounding areas of the state of Georgia.
Contact one of our offices at the following numbers or fill out an online contact form to start building your case.
Atlanta Office: 404-565-1621
Macon Office: 478-238-6600
Warner Robins: 478-551-9901
