Police discrimination remains one of the most pressing civil rights issues facing our communities today. Whether it manifests as racial profiling, excessive force, or biased enforcement practices, discrimination by law enforcement officers violates constitutional rights and erodes public trust. At Sivin, Miller & Roche LLP, we’ve spent decades fighting for justice on behalf of New Yorkers who have faced discriminatory treatment at the hands of law enforcement. In this article, we’ll explore what legally constitutes police discrimination, how to recognize it, and what steps you can take to protect your rights. If you believe you’ve experienced discrimination by law enforcement, don’t face it alone – contact our experienced civil rights attorneys at Sivin, Miller & Roche LLP for a confidential consultation by calling 212-349-0300 or filling out our online form.

Discrimination by Law Enforcement

Law enforcement discrimination occurs when police officers treat individuals differently or unfairly based on protected characteristics such as race, color, religion, national origin, gender, sexual orientation, or disability. This discriminatory conduct can take many forms, including:

Racial Profiling

When officers target, stop, search, or arrest individuals primarily based on their race or ethnicity rather than reasonable suspicion of criminal activity. This includes pretextual traffic stops.

Selective Enforcement

When officers consistently enforce laws more harshly against certain groups while showing leniency to others. For example, imposing harsher penalties on minority communities for minor offenses or conducting more frequent “stop and frisk” operations in specific neighborhoods.

Use of Excessive Force

While excessive force is always concerning, it becomes discriminatory when officers consistently use higher levels of force against members of particular racial, ethnic, or other protected groups compared to others in similar situations.

Verbal Harassment

Using slurs, derogatory language, or making discriminatory comments based on an individual’s protected characteristics during police interactions.

Failure to Provide Equal Protection

When officers systematically fail to respond to calls for service or investigate crimes in certain communities based on demographic characteristics.

Under federal law, particularly Section 1983 of the Civil Rights Act, individuals who face discrimination by law enforcement can pursue legal action. The Fourth Amendment protects against unreasonable searches and seizures, while the Fourteenth Amendment guarantees equal protection under the law. New York State and City laws provide additional protections and avenues for legal recourse.

Documenting discriminatory encounters is crucial. This includes noting the date, time, and location of the incident, badge numbers of officers involved, witness information, and any physical evidence such as photos, videos, or medical records. These details can be vital in building a strong case and holding officers accountable for discriminatory conduct.

The path to proving law enforcement discrimination often requires demonstrating a pattern or practice of discriminatory behavior, or clear evidence that an officer’s actions were motivated by bias rather than legitimate law enforcement purposes. While this can be challenging, an experienced civil rights discrimination attorney can help navigate these complexities and fight for justice on your behalf.

Discrimination in Prison

Prison discrimination is a pervasive problem that violates inmates’ constitutional rights and fundamental human dignity. While incarcerated individuals lawfully face certain restrictions on their freedoms, they retain basic civil rights, including the right to be free from discrimination. Unfortunately, many prisoners face systematic discrimination that goes far beyond their lawful sentence.

Religious Discrimination

Denying inmates the right to practice their faith, including access to religious materials, dietary accommodations, or worship services. Muslim inmates, in particular, often face obstacles in observing religious practices such as daily prayers or fasting during Ramadan.

Racial Discrimination

Segregation in housing assignments, unequal access to programs and services, or harsher disciplinary actions based on race. This can manifest in everything from cell assignments to work detail opportunities and parole recommendations.

Disability Discrimination

Failing to provide reasonable accommodations for inmates with physical or mental disabilities, including necessary medical equipment, accessible facilities, or mental health services. This violates both constitutional rights and the Americans with Disabilities Act (ADA).

Gender and LGBTQ+ Discrimination

Transgender inmates being denied appropriate housing assignments, medical care, or facing heightened risk of abuse. Female inmates often receive fewer educational and vocational opportunities compared to male facilities.

Healthcare Discrimination

Providing substandard medical care or denying necessary treatment based on protected characteristics, including discrimination against elderly inmates or those with chronic conditions.

Language Discrimination

Failing to provide adequate translation services or materials in inmates’ primary languages, effectively denying them access to crucial information about their rights, medical care, and prison procedures.

If you or a loved one has experienced discrimination while incarcerated, it’s crucial to document all incidents, including dates, times, locations, and names of involved staff members. Prison officials often maintain a “code of silence,” making these cases challenging to prove. However, with proper legal representation and documentation, it’s possible to hold institutions accountable and fight for meaningful change.

Know Your Rights

Understanding your rights is the first step in protecting yourself against discriminatory law enforcement practices. Whether you’re interacting with police on the street or dealing with discrimination while incarcerated, these fundamental rights remain protected by law.

During Police Encounters:

You have the right to remain silent. You can calmly state that you are exercising your right to remain silent and wish to speak with an attorney. This right is protected by the Fifth Amendment, regardless of your citizenship status.

You have the right to refuse searches. Unless police have a warrant or probable cause, you can verbally deny consent to search your person, vehicle, or property. Simply state, “I do not consent to this search.” However, do not physically resist even if you believe the search is illegal.

You have the right to record police interactions. In New York, you have the legal right to record video and audio of police officers performing their duties in public, as long as you don’t interfere with their work. Keep a safe distance and remain calm.

You have the right to equal treatment under the law. Police cannot legally detain, arrest, or use force against you based on your race, religion, national origin, gender, or other protected characteristics.

While Incarcerated:

You retain basic constitutional rights. Incarceration does not strip you of fundamental human rights or protections against discrimination.

You have the right to adequate medical care. Prison officials cannot deny you necessary medical treatment based on discriminatory reasons.

You have the right to practice your religion. Prisons must make reasonable accommodations for religious practices, including dietary requirements and worship services.

You have the right to be free from harassment. Guards and other prison staff cannot legally harass or abuse you based on your race, religion, gender identity, or other protected characteristics.

If Your Rights Are Violated:

1. Document everything. Write down names, badge numbers, dates, times, locations, and witness information as soon as possible.
2. File formal complaints. Follow proper procedures for filing grievances within the police department or correctional facility.
3. Seek medical attention if needed. Medical records can provide crucial evidence of mistreatment or excessive force.
4. Gather evidence. Keep copies of all relevant paperwork, photographs, video footage, and correspondence.
5. Contact a civil rights attorney. Time limits apply to civil rights claims, so it’s important to seek legal counsel promptly.

Remember that asserting your rights does not mean being confrontational. Always prioritize your safety and, if possible, address discriminatory treatment through legal channels rather than direct confrontation. An experienced civil rights attorney can help you navigate the complex process of holding law enforcement accountable while protecting your rights and dignity.

At Sivin, Miller & Roche LLP, we’re committed to fighting discrimination in all its forms. If you believe your rights have been violated, contact us for a confidential evaluation of your case. Our experienced civil rights attorneys will help you understand your options and fight for the justice you deserve.

Facing Discrimination by Law Enforcement? We Can Help.

At Sivin, Miller & Roche LLP, we understand the devastating impact of law enforcement discrimination on individuals, families, and communities. For decades, our firm has stood at the forefront of civil rights litigation in New York, successfully representing clients who have faced discrimination at the hands of law enforcement officers and correctional facilities.

Comprehensive Case Evaluation

Our experienced civil rights attorneys will thoroughly review your case, examining all evidence and circumstances surrounding the discriminatory treatment you experienced. We’ll help you understand your legal options and develop the strongest possible strategy for your situation.

Expert Legal Representation

Our track record includes numerous landmark victories in police misconduct and prison discrimination cases. We bring extensive knowledge of federal and state civil rights laws, including Section 1983 claims, the Americans with Disabilities Act, and New York State Human Rights Law.

Investigation and Evidence Gathering

We work with skilled investigators to gather crucial evidence, locate witnesses, obtain surveillance footage, and secure official records. Our team knows how to navigate the complex systems of law enforcement and correctional facilities to build compelling cases.

Holding Institutions Accountable

Whether you’ve faced discrimination from individual officers or encountered systemic bias within an institution, we have the resources and expertise to take on powerful organizations and fight for meaningful change.

Civil Rights Litigation Experience

Our attorneys have successfully litigated hundreds of civil rights cases, securing substantial settlements and verdicts for our clients. We understand the nuances of civil rights law and how to effectively present discrimination cases in court.

Personalized Attention

We treat each case with the attention and dedication it deserves. Our attorneys work directly with clients, maintaining clear communication throughout the legal process and ensuring you understand each step of your case.

Contact Sivin, Miller & Roche LLP Today: If you’ve experienced discrimination by law enforcement, don’t face it alone. Contact our office at 212-349-0300 or visit our website to schedule a confidential consultation. Our team is ready to listen to your story and help you fight for justice.

Remember: There are strict time limits for filing civil rights claims. The sooner you reach out, the better we can protect your rights and build a strong case. Let our experience and dedication work for you as we fight to hold discriminatory practices accountable and seek the compensation you deserve.

Stand Up for Your Rights: Contact Sivin, Miller & Roche Today

No one should face discrimination at the hands of those sworn to protect and serve our communities. If you or a loved one has experienced discrimination by law enforcement – whether through racial profiling, religious discrimination, disability discrimination, or while incarcerated – our experienced civil rights attorneys are here to help. At Sivin, Miller & Roche LLP, we have the expertise, resources, and dedication to fight for justice on your behalf. Don’t let your rights be violated without consequence. Contact us today at 212-349-0300 for a confidential consultation, or fill out our online contact form to schedule a meeting with our legal team. The time to act is now – let us help you hold law enforcement accountable and fight for the justice you deserve.