Civil Rights Court Cases

Practicing nationwide, Migliaccio & Rathod LLP’s civil rights lawyers have proven willing and equipped to safeguard the civil rights of persons subjected to unconstitutional policies – including unreasonable searches and cruel and unusual punishments. By using civil litigation class actions as a means to aggregate the claims of many, we achieve positive precedents through zealous advocacy on behalf of our clients.

Settlements:

Hill v. County of Montgomery, New York, Case No. 9:14-cv-00933 (N.D.N.Y). Migliaccio & Rathod LLP represented individuals placed into custody of Montgomery County Jail who have been denied adequate food and nutrition. Plaintiffs suffered symptoms of malnutrition and scurvy, including severe weight loss, hair loss, skin rashes and other debilitating symptoms. Among many violations, this treatment goes against the Eighth Amendment, which protects citizens from cruel and unusual punishments. After years of litigation, the case settled on a class action basis for $1,000,000, providing significant relief to the class of inmates and detainees. For more information, visit the settlement website here.

McDonald v. Franklin County, Ohio, Case No. 2:13-cv-503 (S.D.Ohio.). Along with co-counsel, Migliaccio & Rathod LLP represented a class of female inmates that underwent unconstitutional documentation of tattoos in their private areas. These women were admitted for failure to pay fines, city code violations, traffic infractions, and other minor crimes. The Constitution demands that the need for a search and seizure be balanced against the invasion of one’s personal liberties. Given the minor violations these individuals were detained for, Migliaccio & Rathod LLP asserted that Franklin County violated their Fourth Amendment rights, which protect citizens against such unreasonable searches and seizures – such as unreasonable photographic documentation, in this case. This case was settled on a class action basis for $2,500,000. For more information, visit the settlement website here.

Ongoing Cases:

Nia v. Bank of America, Case No. 3:21-cv-01799 (S.D.Cali.). Migliaccio & Rathod LLP, along with co-counsel, has filed a class action lawsuit against Bank of America, N.A. over allegations that Bank of America engaged in discriminatory banking practices by targeting, restricting, and closing the accounts of people of Iranian descent. Plaintiff alleges that despite meeting Bank of America’s stated requirements to maintain his account, including providing valid proof of residency, the plaintiff’s accounts were unlawfully closed. As Bank of America took this action without any explanation, the only reasonable conclusion to draw is that the closure of accounts is based on national origin and, therefore, discriminatory. For more information on this case, visit our blog here.

Russo v. Allegheny County, New York: Case No. 2:2018cv00097 (W.D.Pa.).Co-counsel and Migliaccio & Rathod LLP’s civil rights lawyers in DC have brought a case against Allegheny County, New York for violating detainees’ constitutional right to privacy. Specifically, during the booking process at the Allegheny County Jail, detainees are forced to detail their medical history and medical conditions while being placed in the same room as other detainees. Migliaccio & Rathod LLP’s civil litigation contends Allegheny County has violated thousands of detainees’ constitutional right to privacy by requiring them to detail protected health information while being within earshot of other detainees.

Vasquez v. Libre by Nexus, Inc.: Case No. 3:17cv755 (N.D Cal). Migliaccio & Rathod LLP has filed a class action suit seeking monetary damages and injunctive relief against Libre by Nexus arising from their exploitation of Spanish-speaking migrant detainees with so-called “lease agreements” for GPS trackers. Following a hearing on February 3, 2021, the Court entered its Judgment as well as an order granting final approval to the settlement and awarding fees, expenses, and case contribution awards. Read more about the settlement here.

Smith-Journigan et al. v. Franklin County, Ohio, Case No. 2:18-cv-00328 (S.D.Ohio). Migliaccio & Rathod LLP and co-counsel have brought a class action against Franklin County for denying pre-arraignment misdemeanor detainees an opportunity to post bail before being subjected to the indignities of a strip search and being unnecessarily incarcerated for several hours. Migliaccio & Rathod LLP maintains Franklin County has violated the due process rights, as safeguarded by the U.S. Constitution, of tens of thousands of individuals who were presumptively entitled to the right to post bail.

Investigations:

Migliaccio & Rathod is dedicated to protecting people from unlawful violation of rights at the hands of companies and other institutions. We believe that the rights granted by the Constitution are worth fighting for, and we are open to investigating any potential threats to that end including, and especially, widespread discrimination, violation of privacy, and mass infringement on due process. Some examples of these investigations can be found below. If you or someone you know is experiencing a violation of civil rights, please contact us at info@classlawdc.com or give us a call at (202) 470-3520.

  • Inadequate nutrition whilst detained
  • Jails and prisons’ failure to protect inmate health
  • Unreasonable searches and seizures including documentation of private parts or strip searches
  • Discrimination from an institution due to race, gender, nationality, sexual orientation, etc.

*Prior results do not guarantee a similar outcome Jump to: top of page

Facebooktwitterlinkedin