The Sanders Firm, P.C.: Ex Post Facto Remedy

The Sanders Firm, P.C., which represents those in the New York City area in civil rights cases, will at times consider ex post facto (after the fact) possibilities in judicial remedies. Ex post facto laws, which may be called retroactive laws, are prohibited in criminal law. However, in the area of civil law, the use of such laws is permitted. Thus, in a civil rights lawsuit, one may find legal remedies in a decision that are ex post facto.

Ex Post Facto and Civil Rights

The United States Constitution prohibits the use of ex post facto laws to create situations where someone is punished for an offense that was committed in the past when their action was not considered to be punishable. This prohibition on creating laws that can be applied to past situations is important in ensuring our freedom. However, ex post facto remedies are sometimes allowed in civil rights rulings.

Clause 3 of Article I, Section 9 of the United States Constitution prohibits Congress from passing ex post facto laws. Clause 1 of Article I, Section 10 of the U.S. Constitution disallows states from passing such laws. When ruling in ex post facto law over time, the case that the Supreme Court turns to for guidance is its ruling in Calder v. Bull 3 U.S. 386 (1798). It was in that ruling that Justice Samuel Chase noted that the prohibition on ex post facto laws did not pertain to civil matters, but rather, only to criminal ones.

If you were the victim of discrimination that occurred prior to the passing of a specific law connected to the discriminatory action, you may still be granted legal remedies by the court in an ex post facto ruling, but retroactive remedies are often not favored by the courts even in civil lawsuits. Thus, if you are involved in a civil rights case as the plaintiff, it may or may not be a possible remedy.

Civil Rights Violations

If your civil rights were violated in the past, The Sanders Firm, P.C. wants you to be aware that you may have recourse through ex post facto remedies. The statute of limitations for civil rights lawsuits is three or four years except in cases that involve death. In those instances, there is no statute of limitations. It is important to carefully consider any infringement on your civil rights, how it has adversely affected you, and what remedies may apply. For many litigants, this is a difficult thing to do, as the law is complex and requires levels of knowledge and experience that are usually only possessed by professionals.

Need for Legal Representation

If you require representation in a civil rights suit, contact New York City’s premiere civil right law practice the Sanders Firm, P.C. We will ably assess your complaint and discuss possible outcomes, including, if applicable, ex post facto remedies. At The Sanders Firm, P.C. we are passionate about your civil rights, and we are your voice for justice.