Commentary

Why We Do Civil rights work

Explore the importance of civil rights law in holding the government accountable for misconduct.


As many of you know, Bruce and I host a monthly radio show called “Law Talk” on KFGO. During our most recent show, we discussed the two types of law that our firm practices:

  1. Criminal defense

  2. Civil rights

Now most know what criminal defense is (we represent you when you’re charged with a state or federal crime), but far fewer know what civil rights is.

So what is it and why does it matter?

What It Is

First, what it is.

Practicing civil rights law is suing the government when they violate a person’s rights. That takes many forms. The most common is suing cops when they do something like use excessive force. But it’s also when they fail to take care of you when you are in their custody, or if they enter your house without a warrant.

It really is anything that a government official does that isn’t allowed under the law.

And, yes, it’s a little more complicated than that. But what we tell people is this: if you think you’ve been mistreated by “the state” or “the government”—call us. 

We want to hear your story and we’ll shoot you straight about whether you have a case.

If so, we’ll take it. If not, we’ll refer you to another lawyer who might, or we’ll say that you don’t have a case. 

Why It Matters

Second, why it matters.

Stories like the one I saw yesterday in the Fargo Forum are why it matters. Because that article is behind a paywall, here is another like from a news organization out of Minneapolis.

The story is about the Otter Tail County Jail in Fergus Falls, MN and how they denied food to an inmate for 50 hours. 

You read that right; they refused to give him food or water for more than 2 days.

The reason? 

He wipes feces on various things at the jail and they said they wouldn’t give him food until he cleaned it up.

And before you say, well maybe he shouldn’t do that if he wants to be fed, that’s not an option for the jail. The law doesn’t allow them to act that way.

He can be disciplined in other ways: charged with a crime, put in the hole, etc. But they can’t refuse to give him food—something he has a basic human right to have.

And don’t take my word for it, take the word of the Minnesota Department of Corrections.

They came in, said no way can you do that, and severely reprimanded the jail.

While that’s commendable, what about the inmate who suffered those 50 hours? Who had to drink water from his toilet and eat his own feces due to his hunger.

What recourse does he have?

The answer: a lawsuit by a firm who practices civil rights law.

It might be us. And, hell, we’d be honored to take the case. But if not us, we hope someone. Because that is the only way to hold the state accountable when they do stuff like this to people.

It’s easy to treat people in jails and prisons poorly. It’s easy not to have sympathy for them, especially here. But the law says we have to. And people, no matter what, deserve to be treated with dignity.

Takeaway

It comes down to asking yourself this question: if your loved one was in jail, no matter what they did, would it be OK to starve them as punishment? 

The answer is no. And the only way to fight back is with the help of civil lawyers like us.

We do the work because of cases like this.

Dane DeKrey

Criminal Defense Attorney & Criminal Justice Reform Advocate

March 22, 2024