Trial Magazine

Where do civil rights come from? Encyclopaedia Britannica says that “civil rights must be given and guaranteed by the power of the state. Therefore, they vary greatly over time, culture, and form of government and tend to follow societal trends that condone or abhor types of discrimination.”

Because civil rights often mirror the contemporaneous norms of society, the fight for them never ends. There will always be groups of people who are treated as lesser than others. As trial lawyers, we have a crucial role in this battle and must be relentless in our efforts to secure equal rights for all.

Trial lawyers were important advocates for civil rights even before the founding of our nation. In 1735, John Peter Zenger was tried for libel for printing articles that criticized the royal governor of New York’s involvement with the colony’s supreme court. Zenger was defended by Philadelphia lawyer Andrew Hamilton, and a jury acquitted him. Historians have noted that Zenger’s trial laid the groundwork for how people thought about the freedom of the press, which later was one of the chief catalysts of the American Revolution.

Trial lawyers have been intensely involved in the fight for civil rights, and recent years are no exception. AAJ members have represented the families of victims of police violence, including those of George Floyd and Breonna Taylor. The George Floyd legal team received the Leonard Weinglass in Defense of Civil Liberties Award last year at AAJ’s 2021 Annual Convention. This award, presented by AAJ’s Civil Rights Section, honors an attorney or civil rights advocate who has made a noteworthy contribution to the defense of civil rights in a way that has had a significant impact by bringing, trying, or resolving a suit, or by otherwise protecting or advancing civil liberties. And this year, the award was given to the Center for Reproductive Rights and the trial team that argued Dobbs v. Jackson Women’s Health Organization.

AAJ provides valuable resources in the civil rights arena as well. The Civil Rights Section holds business meetings and education programs, and members can share information and strategies via the list server. Other member groups, such as the LGBT Caucus, Minority Caucus, Police Misconduct Litigation Group, and other litigation groups also address and grapple with civil rights issues.

The National College of Advocacy will once again hold a complimentary civil rights education seminar co-presented by the Civil Rights Section, the Police Misconduct Litigation Group, and the Minority Caucus on Oct. 21 at the Thurgood Marshall School of Law in Houston.

In this month’s Trial, read about sexual harassment in the workplace (p. 18); Title IX sexual misconduct claims against colleges (p. 44); state laws targeting the LGBTQ community (p. 34); discovery in police misconduct cases (p. 26); and malicious prosecution (p. 50). You also can read about the experiences of AAJ’s LGBTQ members in “Hear Our Voices” (p. 56, p. 57).

And AAJ continues to work on important civil rights legislation, including the George Floyd Justice in Policing Act. The bill—which has passed the House but is stalled in the Senate—would eliminate qualified immunity for police officers and provide long-overdue accountability for families of those killed by police brutality. AAJ supports the elimination of qualified immunity, arguing its position on the Hill and in amicus briefs before federal appellate courts.

This year, the House Judiciary Committee held a series of hearings on civil rights litigation—one in March on lifting qualified immunity and another in June on respondeat superior and other theories of accountability for municipalities, including police departments. We will continue to prioritize accountability for police misconduct.

I encourage you to join the many AAJ members advocating for these crucial issues by getting involved in AAJ’s member groups dedicated to civil rights. Trial lawyers must lead the way. As always, our clients’ rights and civil justice depend on it.

Tad Thomas is the founder and managing partner of Thomas Law Offices in Louisville, Ky., and can be reached at tad.thomas@justice.org.