Civil Rights

• Tort Claims
• Public Official Liability
• Police Misconduct

Claims of civil rights violations fall under the jurisdiction of Federal Courts. These matters include claims of racial, sexual orientation, gender, ethnic, and religious discrimination, as well as harassment, and police claims, such as misconduct, brutality, and unlawful imprisonment or arrest. Violations of the ADA (Americans with Disabilities Act) also fall under civil rights claims. The nature of these matters is extremely personal; as such, there are strong emotional undercurrents to such claims. Litigation of civil rights claims is a long process. Discovery expenses run high, and, unlike a physical injury claim, monetary damages are difficult to calculate, even by experienced attorneys. Juries have no means of determining an award for damages, and so monetary awards are sometimes arbitrary. Often, monetary damages are not all, or even the most important consideration to litigants. Mediation of these claims is highly effective, and brings about timely and fair resolution. Many times, there are multiple parties to civil rights actions. The mediator will take into account the perspective and needs of each participant, and work with the parties to bring about a self-determined resolution of the claim. Many Federal Court judges and magistrates insist on mediation as a pre-trial requirement.

Successful mediation of civil rights claims involves creative solutions, as well as negotiation of monetary damages. A mediated settlement agreement eliminates the possibility of years in litigation and appeals. Most importantly, it brings closure to the parties.

Mediation of personal injury matters is the safest, most cost effective alternative to filing civil suit. It has been estimated that with early mediation, 80% of cases that would otherwise be litigated are settled with only the preparation and costs equivalent to paying for a single deposition. Mediation allows both sides the opportunity meet in a neutral setting and see the strength and weaknesses of their own case through the eyes of opposing counsel. It also offers the time to consider the cost/benefit analysis of proceeding with a risky trial. Civil litigation can delay settlement of personal injury cases for years. On average, court dockets for these cases extend 18 months to 2 years from Complaint filing to jury trial.

Mediation of civil rights violation claims is a specialized area of practice, requiring particular knowledge, skill, and tact. Attorney Calcagno has mediated these claims for the United States District Court since 2005, with extraordinary success. He has been a guest lecturer at the annual USDC Judicial Conference, and has mediated class action civil rights actions against national corporations.