Lawsuits in Federal and State Court

Once you decide to file a lawsuit for a civil rights violation, one of your first considerations will be where to file: in federal or state court. Depending on the specifics of your case, the choice may be yours, or your options may be dictated by a statute. For example, a federal statute (42 U.S.C. section 1981a) specifically permits a private lawsuit for money damages for any employee who has been the victim of intentional discrimination in employment. So, if you believe you have a claim for intentional discrimination in employment, filing a lawsuit in federal court. But, depending on where you live, your state may have a similar law, allowing you to choose where to file your lawsuit (in state or federal court).

Learn more about federal and state court:

State Court Systems
The Federal Court System

What to Expect in a Lawsuit

A lawsuit for a civil rights violation will be filed and handled in civil court (federal or state civil court, as discussed above). In a civil case, the person claiming a civil rights violation (the "plaintiff") files a "complaint" with the court. The complaint sets out certain facts and allegations, in an attempt to show that the opposing party (the "defendant(s)") is/are responsible for the civil rights violations alleged in the complaint, and for any harm suffered by the plaintiff as a result. Ultimately, if the civil rights case goes to trial, the plaintiff must prove by a "preponderance of the evidence" (that it is more likely than not) that the defendant is legally responsible for the damages alleged by the plaintiff.

A complete civil case typically consists of the following main phases: