How does summary judgment issues affect my right to sue?
Because of how civil rights cases are decided, particularly in federal cases, it is common to lose cases at summary judgment. Therefore, Plaintiff’s Attorneys have to be very cautious about taking on civil rights cases. Generally speaking, Plaintiff’s Attorneys look for cases where the law appears to be clearly established AND there are catastrophic, or near-catastrophic, injuries. For this reason, other than where a non-profit organization, like the American Civil Liberties Union or Southern Poverty Law Center, is willing to take on the case, only a plaintiff with monetary resources can afford an attorney to sue over an “insult” injury, like school prayer cases.
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