Derechos Humanos means Human Rights in English. All attorneys at our firm fight every day for the Human and Civil rights of our clients. That means our US human rights lawyers uphold the fundamental principles of our Constitution under the First, Fourth, and Eighth Amendments as well as the 14th Amendment. The rights we fight for under those Constitutional Amendments are, for example, deliberate indifference to known medical needs such as the failure to treat Hepatitis C; failure of government officials to take reasonable steps to protect a human being from injury; unreasonable search and seizure, such as forcing people to be searched and detained while naked; unreasonable use of deadly force, such as police officers shooting unarmed people; unlawful vehicle check points; unlawful pedestrian check points; race discrimination; sex discrimination; First Amendment retaliation; whistleblowers such as employees who report fraud and corruption within their job/department. Many times, the above areas of our work require us to litigate and know the law in areas such as medical malpractice and premises liability.Prison Litigation
Here, we take the rights of all people seriously. So, we fight for the rights of prisoners, human being(s) who are currently incarcerated and thus under the care and custody of a warden or sheriff. As stated, over 50 years ago, “[a]lthough persons convicted of crimes lose many of the rights and privileges of law abiding citizens, it is established by now that they do not lose all of their civil rights, and that the Due Process and Equal Protection Clauses of the 14th Amendment follow them into the prison.” Talley v. Stephens, 247 F. Supp. 683, 686 (E.D. Ark. 1965). The Eighth Amendment right against cruel and unusual punishment also protects inmates.
Our attorneys uphold these rights by filing lawsuit(s) that not only affect our client but also lawsuits that advocate for systemic change. That’s why our US human rights attorneys file suits regarding the denial of adequate medical care. We have learned that many prison systems deny adequate medical attention to inmates due to cost, i.e., because it costs so much money to treat diabetes, hepatitis c, psychosis, and other chronic illnesses, prison systems either deny treatment all together or choose to treat these deadly diseases only once they reach their near fatal end. That approach to medical treatment is unconstitutional. Estelle v. Gamble, 429 U.S. 97, 97 S. Ct. 285, 50 L. Ed. 2d 251 (1976).
Other areas of prison litigation we deal with are conditions of confinement cases, which challenge the conditions, for example, food conditions and housing conditions, that inmates find themselves in. We also litigate inmate-on-inmate violence when the evidence shows that a prison official was aware of a particular threat that an inmate posed to another inmate, and despite appreciating that threat, the prison official refused to take reasonable steps to protect an inmate from the harm posed by another inmate. And of course, we litigate excessive force cases, in which a prison guards use an amount of force that is beyond necessary to gain control of a situation. For example, when officials have handcuffed an inmate, and that inmate is calm, yet the officials pepper spray, beat, tase or otherwise physically abuse the inmate as a means of punishment.
Nexus Derechos Humanos Attorneys have vast experience in prison cases and we will provide you with a free consultation. Call us today.Police Misconduct: Excessive Force and False Arrest
Nexus Derechos Humanos Attorneys have substantive experience in this area of litigation. These cases are tough and require an experienced attorney because the facts mean so much. We’ve handled "drop gun" cases, where all the evidence demonstrates that no gun was found on the scene/on the victim’s body. We’ve handled vehicle pursuit chases of both automobiles and exotic motorcycles, with each case requiring a different analysis based on the vehicle and the conduct of the driver, according to Supreme Court Precedent. Scott v. Harris, 550 U.S. 372, 374, 127 S. Ct. 1769, 1772, 167 L. Ed. 2d 686 (2007); Plumhoff v. Rickard, 134 S. Ct. 2012, 188 L. Ed. 2d 1056 (2014). We have also handled cases where victim’s may be armed but are shot in the back in isolated areas where no residents or people are around. You must deal with a lawyer who understands this area of law because there are multiple defenses that law enforcement officers have, to the extent that a court could find that the use of force could violate the constitution, but the officer nevertheless gets away because the law did not provide the officer with fair warning that his or her use of force was unconstitutional.
Excessive force is always force that was not necessary for the situation at hand. Whether you were handcuffed or not, that amount of force that exceeds the bounds of necessity and reasonableness is excessive. In order to determine that, you must consult with a lawyer who can gather the facts quickly—especially when there is no video—and put together the strongest case possible. Call our US human rights lawyers at Nexus Derechos Humanos for a free consultation about these types of cases.
False arrest cases are equally as hard as deadly force cases, if not harder. Many have heard of the phrase ‘probable cause’ to arrest. And many know that probable cause can be based merely on the self-serving statement of a witness if found to be credible. Well the law is actually tougher than that. An officer can arrest you and get away with that arrest if he or she merely has arguable probable cause to arrest you. That means if it is arguable that probable cause existed, the arrest meets constitutional muster. Lee v. Ferraro, 284 F.3d 1188, 1195 (11th Cir. 2002).
The only way to have a fighting chance with these types of false arrest cases is to contact an experienced lawyer in this area of law. Call Nexus Derechos Humanos Lawyers today. We can help you in this area, with a free consultation.International Law Petitons
Outside of the United States, we serve the Americas, Mexico, Central America and South America. We advance and promote the American Convention for Human Rights and other treaties, in order to uphold the economic, social and culture rights such as the right to adequate water, housing, education, and shelter. We have written a successful emergency precautionary petition regarding access to dialysis care and a petition on behalf of those suffering from inadequate housing.
Currently, we are submitting a Petition for a Thematic Hearing before the Inter-American Commission on Human Rights regarding the tension between the right to bear arms to protect one’s home and law enforcement officers entering one’s home with a 'no knock' warrant. These no knock warrants pose a significant threat to human lives because when law enforcement breaks out your window without announcing who they are, and you reach for a gun to protect yourself, the typical result is: the law enforcement officer kills you and argues that he reasonable feared for his life because you reached for a gun. A court typically sides with the law enforcement officer and kicks out whatever lawsuit that was filed against said officer.
We are raising awareness of this horrible result and the continuing militarization of police in the United States and outside the United States. Call Nexus Derechos Humanos Attorneys today to learn more about this and other vital issues about which we are raising awareness. We go beyond the main treaties such as the International Convention of Civil and Political Rights; the International Treaty on Economic, Social, and Cultural Rights; and the American Convention on Human Rights, to look at all treaties and incorporate those treaties into our work as much as humanly possible. We are currently opening offices in Santiago, Chile and South Africa.Discrimination Cases
Discrimination comes in various forms. We at Nexus Derechos Humanos litigate discrimination based on race, sex, religion, and other forms. As stated by the Supreme Court, "no one disputes that there has been race discrimination in this country." Wygant v. Jackson Bd. of Educ., 476 U.S. 267, 278 (1986). Taking steps to eliminate racial discrimination is essential because “[p]ublic respect for our system of justice is undermined when the system discriminates based on race.” Johnson v. California, 543 U.S. 499, 511 (2005). Indeed, as the Supreme Court stated so simply, “[t]he way to end racial discrimination is to stop discriminating by race.” Parents Involved in Cmty. Sch. v. Seattle Sch. Dist. No. 1, 551 U.S. 701, 862 (2007). In those principles, Title VII of the Civil Rights Act of 1964 finds its basis, and those principles also encourage courts to render decisions that are consistent with the spirit and purpose of Title VII: “that the workplace be an environment free of discrimination, where race is not a barrier to opportunity.” Ricci v. DeStefano, 557 U.S. 557, 580 (2009).
The attorneys at Nexus Derechos Humanos believe in the above statements made by our Supreme Court, and that is why we have taken on a variety of workplace discrimination, to include reverse discrimination regarding both race and sex. We litigate against big companies and government officials such as district attorney’s offices. Call Nexus Derechos Humanos today for a free consultation.Retaliation Cases
Many times, discrimination and retaliation cases go hand in hand. Sometimes they do not. The attorneys at Nexus Derechos Humanos handle retaliation cases in a variety of contexts such as “whistleblower” cases in which we litigate on behalf of courageous whistleblowers who have the heart and guts to stand up to unlawful acts being perpetrated many times by large companies who place profits over people. We take on retaliation inside prison, where inmates report abuses and suffer the consequences of being placed in the “hole,” 23-hour lockdown. We take on cases where free citizens report abuse by law enforcement officers and suddenly they and family members are being harassed by law enforcement officials to the extent of being falsely arrested. We have also represented law enforcement officers who have exercised their free speech to challenge wrongs committed inside their department.
Retaliation cases require knowledge that is different from that of discrimination cases. You must deal with an experienced lawyer in this area as well. Call Nexus Derechos Humanos Attorneys today for a free consultation.Litigation Against Big Companies
Sometimes the Constitution is not involved, but nevertheless a big company such as a trucking company or tax collecting company is picking on the little person. We step in. We have litigated trucking cases with success and currently have a class action pending against a tax collection company for intentionally overbilling and forcing collection when the company knows the taxpayer owes a lesser amount of money. As far as trucking cases, they are complicated; these cases require knowledge of the special laws and rules that the U.S. Government and states have enacted to regulate the trucking industry. You, again, need an experienced attorney. Call Nexus Derechos Humanos Attorneys for a free consultation today. We’ve also taken on the Security and Exchange Commission as well as the Department of Justice when we had evidence of an abuse of power. We disdain abuse of authority and while we respect these agencies, we also realize that corruption can happen anywhere. We have been successful against these government agencies, while at times, we have also worked with the Department of Justice to seek justice.Conclusion
Our strategy differs from case to case; at times we file class actions, multi-plaintiff actions, or single plaintiff lawsuits. The needs of each client determine the strategy we undertake, but dedication to using each case we take to create broad change to both law and policy throughout our society always remains constant. In that respect, we do our best to stop others from experiencing the tragedies that our clients have experienced.
Also, because we practice throughout the country, in large cities, and small towns, members of our legal team are licensed and/or have been admitted to practice in courts within states such Georgia, New York, New Jersey, Virginia, Florida, South Dakota, California, Colorado, and Texas.
We also have a blog. There you will find our discussions on current law and topics of interest to those whom we serve. Holding government officials and large corporations accountable for the wrongs they commit against our clients is what we do best.
Call us for a free consultation. No one can compensate you for the loss of a loved one or for the physical and psychological injuries you sustained at the hands of government and corporate abuse, but we strive for justice. And justice, especially in the form of systemic change, many times does not happen unless government officials and large corporations are forced to compensate you, monetarily, for your injuries. Again, call us; let us fight for you.
Lieutenant Terry Joyner is a courageous officer, who we represent in a joint action against the former Police Chief of Atlanta; the current Police Chief of Montgomery, Alabama, and the City of Atlanta, amongst other Defendants. Mr. Joyner is the victim of a racial discrimination scheme, according to our complaint, that inevitably discriminates upon both white and black officers with the Atlanta Police Department. Our attorneys are pursuing a lawsuit to gain justice for Mr. Joyner while also eradicating the APD’s racial discrimination promotional scheme...