How can I sue court employees for civil rights violations pertaining to my daughter?
Full Question:
Answer:
California led the nation in 1991 by enacting criminal sanctions for the violation of civil rights laws. The laws provide enhanced sentences for those convicted of violent or threatening behavior based on race, gender, religion, age, disabilities or sexual preference. The tougher penalties and higher civil awards were authored by Lockyer when he was Senate President Pro Tem of the California Legislature.
The Ralph Civil Rights Act was enacted as part of the Civil Code of California to address the problem of racial, ethnic, religious and minority violence by providing civil and administrative remedies for those who are victims of violence directed against any particular class of persons.
If you are a victim you can either file a private lawsuit in the appropriate court, or you can file a complaint with the Attorney General's Civil Rights Enforcement Section or with the Department of Fair Employment and Housing. If you chose to file a complaint with the Department of Fair Employment and Housing you must do so no later than one year after your Ralph Act rights have been violated.
The Bane Civil Rights Act protects people from continued violence or the threat of violence based on grounds such as race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, disability or position in a labor dispute. The court may grant an injunction prohibiting further intimidating or coercive behavior against you. Any violation of this order is a misdemeanor and may result in fines or imprisonment. If a judgment is awarded in your favor in a private lawsuit, you may receive reasonable attorney's fees as well.
State law authorizes and encourages cities and counties to establish local human relations commissions to preserve peace among citizens of different races, religions, and national origins. If your community has such a commission, it will be listed in your telephone directory. You may wish to seek its assistance to address hate violence.
If you are a victim or a witness to any of the activities described by these statutes, contact your local police or sheriffs department. If criminal action is taken and you are a victim you may nevertheless pursue injunctive relief. The Bane Act provides that victims may pursue either civil remedies or criminal penalties or both. Complaints also may be filed with the Attorney General's Civil Rights Enforcement Section.
In California, before you may sue a public entity (a state, county or local governmental entity, or a government employee for money damages, you must first file a claim meeting the requirements of the California Tort Claims Act. California Government (Gov’t) Code sections 810-996.6. With very limited exceptions, no lawsuit for money damages may be brought against a governmental entity unless a written claim has been properly filed within the six-month time limit. So, even if you are injured by the government and do not currently intend to sue, you should still consider filing a claim in order to protect your rights and to keep your options open.
The California Tort Claims Act sets out the procedures you must follow when filing a claim against the government for money damages. This memo describes the most significant parts of the Act. This memo is based on the laws in effect at the date of its writing, which are, of course, subject to change. Also, depending on the type of action you are bringing, other procedures and time lines may apply. We recommend that you talk to an attorney who specializes in the relevant area of law (for example, personal injury or medical malpractice) to get more specific information about your potential claims and time lines.
You can file a claim against a county or local governmental entity or employee directly with the entity's governing board or clerk. You may deliver the claim in person or by mail. Gov't Code section 915(a).
You can file a claim against the state or a state agency or employee with the State Board of Control (SBC), by delivering it to any local SBC office or by mailing it to the main office. Gov't Code section 915(b). The address for the main SBC office in Sacramento is:
State Board of Control
Government Claims Branch
P.O. Box 3035
Sacramento, CA 95812-3035.
(916) 323-3564 (voice)
(916) 323-5768 (fax)
You can ask for a claim form by calling the SBC toll-free number
1-800-955-0045, or you can download it off these web sites: http://www.vcgcb.ca.gov/publications/claims.aspx
http://www.governmentclaims.ca.gov/claims/howtofile.aspx
Unfortunately we cannot give you legal advice but please feel free to consult our attorney directory at the following links to locate an attorney who can help you:
http://lawyers.uslegal.com/general-practice/california/
http://lawyers.uslegal.com/accident-and-injury/california/
You may also see the following referral information at the California State Bar Association:
http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx
