Federal Civil Trial Practice

We represent clients with select civil claims arising under the U.S. Constitution and federal law in federal district courts, appellate courts and the U.S. Supreme Court. In addition, we represent clients with state law claims removed to federal court. Some of the cases we have litigated in federal court including claims brought under the Fair Housing Act, the Americans with Disabilities Act, 1st Amendment, 4th and 14th Amendment and various tort claims removed to federal courts. These include various claims for equal protection and freedom of speech allegations.

Among the recent results we achieved in federal court include:

  • Final summary judgment on behalf of municipality on claims alleging the municipality enacted and enforced an unconstitutional zoning ordinance. The plaintiff claimed the municipality violated his rights under the 1st and 14th Amendments. The federal district court granted our motion for final summary judgment and entered judgment in favor of our client, a municipality.
  • Final summary judgment on behalf of police officer for alleged use of excessive deadly force. The officer fired 9-shots at a fleeing suspect during a high-speed chase. The plaintiff sued the officer for an alleged violation of his 4th Amendment rights. The federal district court entered final summary judgment in favor of our client police officer and held that the officer’s actions were objectively reasonable and did not violate the plaintiff’s constitutional rights.
  • Litigation and settlement of hotly contested claims brought under the Americans with Disabilities Act and the Fair Housing Act. Plaintiff’s attorney alleged that our client, a municipality, denied a special use permit for the plaintiff to operate a drug and alcohol rehabilitation center for discriminatory reasons. The case settled for a nominal amount two (2) weeks before trial after the federal district court granted our motion to exclude the plaintiff’s expert economist based on our motion pursuant to Daubert v. Merrell Dow Pharmaceuticals.

Certain claims brought under the U.S. Constitution and federal law may allow for the recovery of attorney’s fees and costs to to the prevailing party pursuant to 42 U.S.C. §1988(b). These include claims for deprivation of rights under the 1st, 4th and 14th Amendments, the Americans with Disabilities Act and the Fair Housing Act. In addition, there are numerous other federal laws that provide for prevailing party attorney’s fees depending on the circumstances. For these types of cases we may accept some cases on contingency or a mixed contingency/reduced fee basis depending on the case.