We Examine the Origin, Meaning, and Purpose of the Law
Our Constitution protects people from the government and the principles enshrined in the Constitution extend through legislation to protect us from each other. Applying these principles, we effectively present the justice of our clients' causes.
In our practice, we are often brought into problematic cases at later stages of litigation that seem to have taken an almost irretrievable nosedive toward an unfavorable result. In many of those cases, we peel back the layers of blackletter law and find that the government exceeded its powers in violation of our clients' constitutional rights. These violations often pass under the radar without the clients' or the courts' awareness.
For this reason, our first order of business in many cases is to identify and address any constitutional violations that may have occurred prior to suit or during the course of court proceedings.
While all litigation inherently involves risks, and there are no guarantees of any particular outcome, we are committed to providing effective legal counsel, quality high-level work product, and superior client responsiveness to give our clients the strongest opportunity to achieve a favorable outcome.
Constitutional issues arise in various contexts. In addition to alleged deprivations of constitutional rights precipitating the litigation, court rulings often implicate rights such as due process, privacy, and freedom of speech. At Hunker Appeals, we have experience and knowledge in handling constitutional claims and strive to protect and vindicate our clients' fundamental rights.
Civil Rights Act
Under 42 USC s. 1983, Congress provided remedies for state action that infringes upon federal constitutional rights.
Procedural Due Process
When the government creates a procedure, it is constitutionally required to follow its procedures.
Privacy is a fundamental right embedded in the federal constitution and expressly protected by many state constitutions.
The government is required to afford all citizens the same rights, and laws that unconstitutionally discriminate are invalid.
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