The Sanders Firm, P.C.: Defenses and How They Affect You

At The Sanders Firm, P.C., which serves those in the New York City area, we focus much of our energy on civil rights lawsuits; however, our clients need to understand there are various defenses that may affect their ability to win their lawsuit. In this section of our website, we are going to consider and explain nine different defenses; what they mean, and how they may affect a lawsuit.

Defenses are often noted by descriptive terms that tell us something about that defense. With a prescribed defense such as governmental entity or qualified immunity, there are prescribed criteria that one must prove in order for that defense to be successful. Thus, if you are bringing a civil rights suit against someone who works in the government and they claim the defense of governmental entity, they can be found not liable if they can prove that defense.

The Eight Defenses

The eight defenses we will consider in these pages are:

• Absolute Immunity
• Qualified Immunity
• Governmental Entity
• Eleventh Amendment
• Issue Preclusion
• Statute of Limitations
• Exhaustion of Remedies
• Sufficiency of Pleadings

Each is an established defense with its own set of criteria. When considering bringing a lawsuit one of the things that a competent lawyer will do is review possible defenses the defendant may use, their likelihood of succeeding, and how they may be defeated. Likewise, when you are sued, a lawyer will go through various defenses that you might mount in order to be found not liable.

A Defense Has to Fit

In order for a defense to be successful, it must fit. In simplest terms, if someone claims statute of limitations as a defense and yet such defense does not apply, then his or her defense is defeated. However, just because a defense does not apply, and it is found to be insufficient, that does not mean that the plaintiff will win their case. The plaintiff must still prove their case in order to win. Often, however, certain defenses are used in an effort to thwart a plaintiff who has a solid case in terms of facts and the manner in which they have been affected.

When You Contact Us

If you are in need of a lawyer focusing on civil rights, civil service law, criminal law, discrimination and other related areas, contact The Sanders Firm, P.C. The firm was founded by Eric Sanders, a former police officer with a passion for justice especially in the area of civil rights law. Eric, the owner and president of The Sanders Firm, P.C., is dedicated to his practice and his clients. He will work tirelessly for your benefit.

Generally, a potential client with a question regarding a possible violation of their rights will call The Sanders Firm, P.C. We will answer their questions, analyze their case, and offer an outline regarding how we might proceed. We work closely with each of our clients, providing every one personalized service. The Sanders Firm, P.C., we are your voice for justice.