Protecting Your Civil Rights in West Virginia
The Constitution of the United States of America is the most important legal document ever created. This document recognizes that every person has certain rights, arising from God or from nature, and specifically and unequivocally protects those rights from the acts of persons acting under the authority, or apparent authority, of the government. The Civil Rights Act of 1964 gave every person the right to sue a governmental agent or entity when that agent or entity engaged in "objectively unreasonable" conduct, negatively impacting a protected right.
I am attorney Rob Frank in Lewisburg, West Virginia. I represent individuals in civil actions for deprivation of civil rights. These cases are filed under 42 U.S.C. § 1983, commonly known as "section 1983." Examples of the types of cases I handle include:
- First Amendment Rights: Protecting your rights to free speech, free association, and free exercise of religion
- Second Amendment Rights: Protecting your right to keep and bear arms
- Fourth Amendment Rights: Protecting you from unreasonable search and seizure by police or excessive use of force
Choosing a Civil Rights Lawyer
If your constitutional rights are violated, you must have a lawyer who is trained and experienced in civil rights litigation and who has a proven track record of success. Very few lawyers have ever filed or will ever file, a civil rights claim.
Section 1983 cases are inherently difficult and complex, and few lawyers have the knowledge, experience or training required to successfully try such cases for a number of reasons:
- These cases are subject to exacting pleading requirements, well beyond those required in other areas of complex litigation.
- The government has defenses, such as qualified immunity, which are not available to defendants in other civil cases.
- Section 1983 cases are often against law enforcement officers and other governmental agents, who are given significant initial credibility by jurors.
- Section 1983 cases are always defended by the very best and largest law firms.
In spite of the difficulties, I have successfully tried a number of civil rights cases. I was co-lead counsel in Estate of Wallace v. City of Los Angeles, the civil rights case stemming from the death of the famed rapper Biggie Smalls. I am proud to have been hired to represent assistant district attorneys in Los Angeles County in First Amendment claims filed against the District Attorney of Los Angeles County. I have also been hired to defend other lawyers in claims that civil rights cases were not properly handled. In 2009, a fee expert filed a declaration in a Colorado court stating: "My opinion is that Mr. Frank is the most competent lawyer currently handling excessive force matters in Colorado Springs."
Contact West Virginia Civil Rights Litigation Lawyer Robert Frank
For more information or to schedule a consultation, call me, Lewisburg civil rights lawyer Rob Frank, at 304-574-8340 or fill out the contact form on this website.