Civil Rights

Excessive force is more than just a rough arrest—it’s when law enforcement goes too far beyond what’s necessary. Under Section 1983 of the Civil Rights Act, you can sue when:

• You’re tased, tackled, or beaten after complying
• Officers use force disproportionate to the situation
• You’re injured in jail or during a stop without cause

Real case? Marko Law filed suit after Madison Heights police tased and tackled a 74-year-old man during a neighbor dispute. That’s excessive—and it’s unacceptable.

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The Elliott-Larsen Civil Rights Act covers a broad range of individuals and entities involved in various aspects of public life in Michigan, including:

• Individuals: The act protects individuals from discrimination based on protected characteristics, such as race, color, national origin, religion, sex, age, height, weight, familial status, or marital status, regardless of their status as employees, tenants, customers, or service recipients.
• Employers: The act applies to employers of all sizes, including private employers, labor organizations, employment agencies, and state and local government employers. It covers employment-related practices, such as hiring, firing, promotion, compensation, and terms and conditions of employment.
• Housing providers: The act applies to landlords, real estate agents, property managers, homeowners' associations, and other housing providers engaged in rental, sale, financing, or other housing-related activities.
• Public accommodations: The act applies to places of public accommodation, including restaurants, hotels, theaters, retail stores, banks, healthcare facilities, and recreational facilities, regardless of their size or ownership status.

Title VII covers a broad range of individuals and entities involved in the employment relationship, including:

• Employees: Title VII protects employees from discrimination based on their race, color, religion, sex, or national origin, regardless of their position within the organization or employment status (full-time, part-time, temporary, etc.).
• Job applicants: Title VII prohibits discrimination against individuals applying for employment based on their protected characteristics, including during the hiring process and recruitment activities.
• Employers: Title VII applies to private employers with 15 or more employees, as well as federal, state, and local governments, employment agencies, labor organizations, and joint labor-management committees.
• Employees working abroad: In some cases, Title VII protections may extend to U.S. citizens working for U.S. employers abroad, depending on factors such as the employee's citizenship, the employer's location, and the nature of the employment relationship.

Section 1983 allows lawsuits against:

State or local government officials, such as police officers, correctional officers, or public school employees

Municipalities, under certain circumstances, if the violation resulted from an official policy or custom It does not allow lawsuits against federal officials unless combined with a Bivens action (a similar legal claim for federal violations).

Section 1983 claims typically address violations of constitutional rights, such as:

Excessive use of force by law enforcement (Fourth Amendment)

Denial of due process or equal protection (Fourteenth Amendment)

Violations of freedom of speech or religion (First Amendment)

Cruel and unusual punishment (Eighth Amendment)

Title VII applies to a wide range of employers and entities involved in the employment relationship, including:

• Private employers: Title VII covers private employers with 15 or more employees, including corporations, partnerships, sole proprietorships, and other business entities engaged in commerce or industry.
• Federal, state, and local governments: Title VII applies to federal, state, and local government employers, including executive agencies, legislative bodies, and judicial branches, regardless of the number of employees.
• Employment agencies: Title VII applies to employment agencies, including temporary staffing agencies, recruiting firms, and placement services, that facilitate employment opportunities for job seekers.
• Labor organizations: Title VII applies to labor organizations, including unions and employee associations, that represent employees in collective bargaining negotiations or other employment-related matters.

In the United States, it is illegal to discriminate against individuals on the basis of race, color, national origin, sex, age, disability, or religion. Other states may provide additional protections against discrimination based on sexual orientation or gender identity.

Civil rights lawyers handle cases related to discrimination, police misconduct, excessive force, jail or prison abuse or deaths, workplace harassment, and other issues related to the violation of civil rights. Some examples include but are not limited to:

-Unlawful arrest and/or wrongful conviction

-Law enforcement misconduct and brutality

-Unlawful search and seizures

-Unconstitutional jail conditions

-Hate crimes

-Whistleblower legal rights and protection

-Freedom of speech and association infractions

-Voter discrimination and unlawful elections practices They may represent individuals who have been the victims of these types of violations or advocacy groups that work to protect civil rights.

If you were a student-athlete at the University of Michigan between 2015 and 2023, and used the Keffer Development Athletic Trainer System (ATS) or believe your private data (such as messages, photos, or medical info) was compromised, you may be eligible to join the class action lawsuit. You can contact Marko Law for a free and confidential case evaluation to determine your legal rights.

If you experience discrimination in the workplace, you should report it to your employer or human resources department. If they do not take appropriate action, you may need to speak with a civil rights lawyer to protect your rights.

Title VII provides several remedies for individuals who have experienced employment discrimination, including:

• Back pay: Compensation for lost wages and benefits resulting from the discriminatory action, such as denial of a promotion or wrongful termination.
• Front pay: Compensation for anticipated future earnings lost as a result of the discrimination, such as if the employee cannot return to their previous position.
• Compensatory damages: Monetary compensation for emotional distress, pain and suffering, or other non-economic harm caused by the discrimination.
• Punitive damages: Additional monetary awards intended to punish the employer for particularly egregious or willful acts of discrimination.

The Elliott-Larsen Civil Rights Act provides several remedies for individuals who have experienced discrimination in Michigan, including:

• Injunctive relief: Court-ordered remedies, such as injunctions, restraining orders, or policy changes, aimed at preventing future discrimination and restoring the rights of the aggrieved individual.
• Compensatory damages: Monetary compensation for economic and non-economic losses resulting from the discrimination, such as lost wages, emotional distress, pain and suffering, and other harms.
• Punitive damages: Additional monetary awards intended to punish the discriminator and deter future acts of discrimination, particularly in cases involving intentional or egregious misconduct.
• Attorney's fees and costs: Reimbursement of reasonable attorney's fees and litigation costs incurred by the aggrieved individual in pursuing legal remedies for the discrimination.

Title VII provides several key protections to employees in the workplace, including:

• Prohibition of discrimination: Title VII prohibits employers from discriminating against employees or job applicants on the basis of race, color, religion, sex, or national origin in any aspect of employment, including hiring, firing, promotion, compensation, and other terms and conditions of employment.
• Harassment prevention: Title VII prohibits harassment based on protected characteristics, such as unwelcome sexual advances, offensive remarks about a person's race or religion, or other conduct that creates a hostile work environment.
• Reasonable accommodation: Title VII requires employers to provide reasonable accommodations for employees' religious beliefs or practices, unless doing so would impose an undue hardship on the employer's business.

Victims of excessive force can file a lawsuit under Section 1983 of the U.S. Code, claiming a violation of their constitutional rights. Remedies may include:

-Compensatory damages for medical bills, lost wages, and emotional distress.

-Punitive damages to punish egregious misconduct.

-Injunctive relief to change law enforcement practices.

In the United States, civil rights are protected by a variety of federal and state laws, including the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Fair Housing Act. In Michigan, various laws also apply including Michigan’s Elliot-Larsen Civil Rights Act.

Title VII of the Civil Rights Act of 1964 is a landmark federal law in the United States that prohibits employment discrimination based on race, color, religion, sex, and national origin. It was enacted as part of the Civil Rights Act of 1964, signed into law by President Lyndon B. Johnson, and is one of the most significant pieces of legislation aimed at promoting equal opportunity and combating discrimination in the workplace. Title VII applies to employers with 15 or more employees, labor organizations, and employment agencies, and it covers a wide range of employment practices, including hiring, firing, promotion, compensation, and other terms and conditions of employment.

The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing Title VII of the Civil Rights Act of 1964 and other federal laws prohibiting employment discrimination. The EEOC's role in enforcing Title VII includes:

• Investigating discrimination charges: The EEOC investigates charges of employment discrimination filed by individuals against employers covered by Title VII, including conducting interviews, gathering evidence, and analyzing allegations of discrimination.
• Facilitating mediation and conciliation: The EEOC may attempt to resolve discrimination charges through mediation or conciliation, allowing parties to reach mutually agreeable resolutions without litigation.
• Issuing determinations: After completing an investigation, the EEOC issues determinations regarding the validity of discrimination charges and whether there is reasonable cause to believe discrimination occurred.
• Providing enforcement guidance: The EEOC offers guidance and resources to employers and employees regarding their rights and responsibilities under Title VII and other anti-discrimination laws.

The Persons With Disabilities Civil Rights Act (PWDCRA) is a Michigan law designed to protect individuals with disabilities from discrimination in key areas of daily life, including employment, housing, public accommodations, education, and access to services. Passed in 1976, the PWDCRA ensures that individuals with disabilities have the same rights and opportunities as those without disabilities.

The Act is a state-level civil rights law, meaning it applies specifically to Michigan residents and businesses operating in the state. It is similar to the federal Americans with Disabilities Act (ADA) but has its own provisions that sometimes offer broader protections. The law holds employers, landlords, businesses, schools, and government entities accountable for ensuring accessibility and fairness.

At its core, the PWDCRA is about removing barriers—whether physical, procedural, or attitudinal—to ensure that people with disabilities are fully included in society.

The Michigan Elliott-Larsen Civil Rights Act is a state law enacted in 1976 that prohibits discrimination in employment, housing, public accommodations, and public services based on certain protected characteristics. Named after former state representatives Daisy Elliott and Melvin Larsen, the act was Michigan's response to the federal Civil Rights Act of 1964. The Elliott-Larsen Act reflects Michigan's commitment to promoting equal opportunity and preventing discrimination in various aspects of public life. It serves as a cornerstone of Michigan's civil rights laws, aiming to ensure fairness, equity, and dignity for all residents of the state.

The primary purpose of Executive Order 11246 is to ensure that federal contractors and subcontractors provide equal employment opportunities regardless of race, color, religion, sex, sexual orientation, gender identity, or national origin. The order requires affirmative action to eliminate discrimination and promote workforce diversity in federal contracting.

Key Provisions:

Non-discrimination Requirements: Employers cannot engage in discriminatory hiring, promotions, pay, or termination practices.

Affirmative Action Plans (AAPs): Contractors meeting certain criteria must actively develop and implement affirmative action programs to ensure diverse hiring and workplace equity.

Reporting & Compliance: Employers must document workforce demographics, submit reports, and undergo compliance reviews conducted by the OFCCP.

This order reinforces Title VII of the Civil Rights Act of 1964 but specifically applies to businesses that contract with the federal government, ensuring that taxpayer-funded jobs promote fairness and inclusion.

The Federal Employers Liability Act (FELA) is a U.S. federal law enacted in 1908 to protect and compensate railroad workers who are injured on the job due to their employer's negligence. Unlike workers' compensation, FELA requires proof of fault and provides broader compensation options.

The Fair Housing Act (FHA) is a federal law that protects people from housing discrimination based on race, color, national origin, religion, sex, disability, and familial status (having children under 18 or being pregnant). In Michigan, state law offers additional protections, such as against discrimination based on age or marital status.

This means that landlords, real estate agents, mortgage lenders, and property managers cannot treat you unfairly because of these characteristics. If you suspect discrimination, you have legal options to challenge it.

Section 1983 is a federal statute that provides individuals with a legal avenue to sue for violations of their constitutional rights or federal laws by someone acting "under color of" state or local law. It is often used to address civil rights violations by government officials or entities.

Police misconduct refers to any inappropriate or illegal behavior by law enforcement officials, including excessive force, illegal search and seizures, racial profiling, denial of medical attention, false arrests and coercive interrogations.

Discrimination refers to any unfair treatment of an individual based on their race, gender, religion, or other personal characteristics. Examples of discrimination may include being denied housing or employment opportunities, being paid less than others for the same work, or being subjected to harassment or hostile work conditions.

Excessive force refers to the use of force by law enforcement officers that is beyond what is reasonably necessary to subdue a suspect, control a situation, or protect themselves or others. It violates constitutional rights, particularly under the Fourth Amendment, which protects against unreasonable searches and seizures.

"Under color of law" refers to actions taken by government officials, such as police officers or public employees, in their official capacity or while using their authority. Even if the action was illegal or unauthorized, it can still qualify under Section 1983 if the person acted with the appearance of official authority.

Common defenses include:

Qualified immunity, which protects government officials from liability unless they violated "clearly established" rights that a reasonable person would know.

The plaintiff's failure to prove that the defendant acted under color of law.

Lack of a direct causal link between the defendant’s actions and the alleged violation.

Depending on the circumstances of your case, you may be able to recover damages for lost wages, medical expenses, emotional distress, and other losses related to the violation of your civil rights. In some cases, you may also be able to recover punitive damages, which are intended to punish the defendant for their actions.

Discrimination under Title VII occurs when an employer treats an employee or job applicant unfavorably because of their race, color, religion, sex, or national origin. Discriminatory actions can take many forms, including:

• Refusing to hire or promote an individual based on their protected characteristics.
• Paying employees of different races or genders different wages for substantially similar work.
• Subjecting employees to harassment or a hostile work environment based on their protected characteristics.

If your rights were violated, you may be able to pursue compensation for:

Emotional distress Invasion of privacy Violation of your digital and personal security Any harm caused by the exposure or misuse of your information Marko Law is seeking accountability, justice, and real change—and we're here to fight for you.

If you believe that you've been the victim of police misconduct, you should speak with a civil rights lawyer as soon as possible. They can help you file a complaint with the appropriate authorities and may be able to help you recover damages for any injuries or losses you've suffered.

Examples of excessive force include:

-Using physical force (e.g., punching, kicking, or using batons) on a non-threatening or subdued individual.

-Deploying tasers or pepper spray on individuals who are not resisting.

-Using deadly force, such as shooting, when the suspect does not pose an imminent threat.

-Improper use of chokeholds or other restraint techniques.

During a traffic stop, you have the right to remain silent and the right to refuse searches. You should also remain calm and comply with any lawful orders from the officer.

Civil rights refer to the basic rights and freedoms that are guaranteed to all citizens by law, regardless of their race, gender, religion, nationality, or any other characteristic. In the United States, civil rights are protected by a variety of federal and state laws. Some of the most important federal laws include the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Fair Housing Act. State laws may also provide additional protections for civil rights, such as Michigan’s Elliot-Larsen Civil Rights Act, which provides additional protections. While the specific list of civil rights may vary depending on the country and its laws, here are nine of the most commonly recognized civil rights associated with the United States: Right to be free from excessive force: Under the Fourth Amendment , anyone in the United States, citizen or not, has the constitutional right to be free from excessive force by police officers, sheriff's deputies, highway patrol officers, federal agents, and other law enforcement officials. Right to freedom of speech: This right ensures that individuals can express their opinions and ideas freely without fear of retaliation or censorship. Right to freedom of religion: This right allows individuals to practice their religion freely and without interference from the government or other individuals. Right to freedom of the press: This right protects the freedom of the press to report on news and events without fear of censorship or repression. Right to freedom of assembly: This right allows individuals to gather together and protest peacefully without fear of retaliation or persecution. Right to equal protection under the law: This right ensures that everyone is treated equally under the law, regardless of their race, gender, religion, or any other characteristic. Right to due process: This right ensures that individuals are treated fairly and impartially in legal proceedings, and that they have the right to a fair trial. Right to privacy: This right protects individuals from unreasonable searches and seizures, and ensures that their personal information is kept private. Right to be Free From Cruel and Unusual Punishment: This right protects prisoners from cruel and unusual punishment, which includes excessive force in prison and requires prisons and jails to provide basic medical care. This right is also implicated if a prisoner is sexually assaulted or commits suicide.

No. Accessing private student data without authorization is a serious violation of federal laws including the Computer Fraud and Abuse Act (CFAA), the Stored Communications Act, and potentially Title IX. It can also violate Michigan’s civil rights and identity theft protection laws. If this happened to you, you may have a strong legal claim.

Not necessarily. Even if you submitted your information as part of your athletic participation, that does not give others the right to access or misuse it. The law protects you against unauthorized access and misuse, especially when it involves private, sensitive, or intimate information. Waivers don’t excuse violations of federal privacy laws

The timeline for a settlement can vary significantly, depending on the complexity of the case, the evidence available, and the willingness of both parties to negotiate. It may take anywhere from a few months to over a year.

The statute of limitations for filing a civil rights lawsuit varies depending on the state and the specific circumstances of the case. It's important to consult with a civil rights lawyer as soon as possible to ensure that you don't miss any deadlines. View here for Michigan Legislature <a href="http://legislature.mi.gov/doc.aspx?mcl-600-5805">http://legislature.mi.gov/doc.aspx?mcl-600-5805</a>

Unlike workers' compensation, which is a no-fault system, FELA requires railroad employees to prove that their employer's negligence contributed to their injury. However, FELA often provides higher compensation for damages, including pain and suffering, compared to workers' compensation.

Excessive force is evaluated based on the "reasonableness" standard established in the Supreme Court case Graham v. Connor (1989). Courts consider factors such as:

-The severity of the crime at issue.

-Whether the suspect posed an immediate threat to the safety of officers or others.

-Whether the suspect was actively resisting arrest or attempting to flee.

If you believe that your civil rights have been violated, it's important to speak with an experienced civil rights lawyer. They can evaluate your situation and determine if you have a viable legal claim. Examples of civil rights violations may include being discriminated against in housing or employment, being the victim of police brutality, or being denied the right to vote.

If you believe you have experienced employment discrimination covered by Title VII, you can file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing Title VII. To file a complaint, you typically must:

• Submit a charge of discrimination with the EEOC: You can file a charge of discrimination with the EEOC by completing an intake questionnaire or contacting your local EEOC office within the applicable time frame.
• Provide information about the alleged discrimination: When filing a charge, you'll need to provide details about the discriminatory conduct, including the dates, individuals involved, and any relevant evidence or documentation.

If you believe you have experienced discrimination covered by the Elliott-Larsen Civil Rights Act in Michigan, you can file a discrimination complaint with the Michigan Department of Civil Rights (MDCR) or the federal Equal Employment Opportunity Commission (EEOC), depending on the nature of the alleged discrimination. Here's how to file a complaint:

• Contact the MDCR or EEOC: You can file a discrimination complaint with the MDCR or EEOC by contacting their offices directly or visiting their websites to access online complaint forms and instructions.
• Provide information about the discrimination: When filing a complaint, you'll need to provide detailed information about the alleged discrimination, including the dates, individuals involved, and specific incidents or actions that occurred.
• Cooperate with the investigation: After receiving your complaint, the MDCR or EEOC will investigate the allegations, gather evidence, and attempt to resolve the matter through mediation or other informal methods.

Ask yourself:

-Were you treated differently at work, school, or by the government because of your race, gender, religion, disability, or sexual orientation?

-Were you retaliated against after speaking up—like being demoted, fired, or harassed?

-Were you abused or mistreated by police—through excessive force, wrongful arrest, or discriminatory behavior?

Michigan’s Elliott-Larsen Civil Rights Act and federal laws like Title VII protect you from this kind of injustice. If it feels wrong, it probably is.

At Marko Law, we’ve taken on cities, school districts, and major corporations. And we’ve won record-breaking verdicts doing it. Our Team doesn’t flinch when civil rights are on the line.

It’s simple. Fill out the secure form on Marko Law’s website or call +13137777777. We’ll review your situation at no cost, explain your rights, and let you know what steps you can take to protect yourself and possibly join the lawsuit.

Yes, officers often invoke qualified immunity as a defense. This legal doctrine shields officers from liability unless the plaintiff can show that the officer violated a "clearly established" constitutional right that a reasonable officer would have known about.

It is possible to file a civil rights lawsuit on your own, but it's generally not recommended. Civil rights cases can be complex and require a thorough understanding of the law and legal procedures. It's best to work with an experienced civil rights attorney, such as Jon Marko, who can help you navigate the process and ensure that your rights are protected.

No, it is illegal for an employer to retaliate against an employee for filing a civil rights lawsuit or complaining about discrimination. If you believe that you've been retaliated against for exercising your civil rights, you should speak with Marko Law Firm.

Yes, there are specific time limits, known as statutes of limitations, for filing Title VII discrimination complaints with the Equal Employment Opportunity Commission (EEOC). The time limits vary depending on the type of discrimination alleged and the jurisdiction where the alleged discrimination occurred. Generally, individuals must file a charge of discrimination with the EEOC within 180 or 300 days of the alleged discriminatory action, depending on whether there is a state or local fair employment practices agency that enforces laws prohibiting discrimination. Failing to file a charge within the applicable time limit may result in the loss of your right to pursue legal remedies for the discrimination. It's essential to consult with an attorney or contact the EEOC promptly if you believe you have experienced discrimination covered by Title VII to ensure compliance with the filing deadlines.

If you were a student-athlete or had sensitive data stored with the University of Michigan and were impacted by the data breach—you may qualify.

These cases hinge on:

Whether your personally identifiable information (PII) was accessed or leaked

If you've experienced fraud, identity theft, or other harm

Whether you're included in the defined class of impacted individuals

Attorney Jon Marko has served on the Plaintiffs’ Executive Committee in major class action litigation—including the U of M sexual abuse case that settled for $490 million.