Civil Rights Violations by Governmental Actors
At Collins & Collins, P.C., we are committed to defending the civil rights of children, particularly when these rights are violated by governmental actors. Children in public schools, public hospitals, juvenile detention centers, and government-sponsored or funded troubled youth programs are entitled to protections under federal and state civil rights laws.
Civil Rights Under §1983 and the New Mexico Civil Rights Act (NMCRA):
Both §1983 and the NMCRA are pivotal in addressing civil rights violations involving governmental actors. These statutes are specifically designed to protect against wrongful actions taken under the color of state law. In the context of children, this often involves cases of:
- Discriminatory practices in educational settings.
- Abuse or neglect in juvenile detention facilities.
- Inadequate care or discriminatory treatment in public hospitals.
- Violations in government-sponsored youth programs, where these institutions fail to uphold the legal standards set forth by civil rights laws.
Broader Legal Protections Beyond Governmental Actors
While §1983 and the NMCRA focus on governmental involvement, other important laws provide protections for children that do not require a governmental actor. These include:
Title VII of the Civil Rights Act:
Primarily known for addressing employment discrimination, Title VII can also apply in educational settings for discriminatory practices by private institutions that affect children, particularly in employment practices that indirectly impact children’s educational opportunities.
Americans with Disabilities Act (ADA):
The ADA ensures that children with disabilities have equal access to public and private facilities and services. This law applies broadly to public accommodations, ensuring that private schools, as well as public, do not discriminate against children with disabilities.
New Mexico Human Rights Act (NMHRA):
The NMHRA offers protections similar to those under federal laws but is specific to New Mexico. It protects against discrimination based on race, color, national origin, sex, disability, and religion across both public and private sectors, including schools and healthcare facilities.
General Tort Law:
Beyond statutory protections, general tort law can address various wrongs that children might suffer in non-governmental settings, including:
- Negligence: Often seen in cases where private schools or daycare centers fail to provide the requisite level of care, resulting in harm to children.
- Intentional Infliction of Emotional Distress: This applies to extreme and outrageous conduct that causes severe emotional distress, applicable in both public and private settings.
- Medical Negligence: Addressing failures in medical care or psychological treatment, which can occur in any pediatric medical facility, regardless of whether it is privately or publicly operated.
Our Commitment to Justice
Collins & Collins, P.C. is dedicated to ensuring that all legal avenues are pursued to protect children from civil rights violations and other harms, regardless of whether these occur in public or private settings. We provide thorough legal representation aimed at securing justice and appropriate remedies for all wrongs experienced by children.
How Can We Help?
If you are concerned that a child’s rights have been violated in any setting—whether governmental or private—please contact us today. Our experienced team is ready to provide comprehensive legal support and to work tirelessly to advocate for the rights and well-being of the child.