Insight

Civil Rights Cases are Part of MLK’s Legacy, But Many are Moving to State Courts

We take a closer look at civil rights litigation and how cases are evolving.

Civil Rights Cases are Moving to State Courts
JE

John Ettorre

January 20, 2022 07:00 AM

This article originally appeared in the January 17,2022, edition of All Rise.

As the nation again observes Dr. Martin Luther King’s legacy this week, nearly 54 years after his martyrdom, it seems appropriate to examine the state of a crucial component of that legacy—civil rights litigation.

Passage of the landmark Civil Rights Act of 1965 opened the floodgates for civil rights lawsuits to defend these new rights, and the volume of cases has been rising ever since. According to one study by the federal court system, the number of civil rights cases filed in federal courts in 2013 rose 27% over the preceding 20 years.

Civil rights cases of course include those involving racial and gender discrimination. But the preponderance of such cases filed in federal court are related to alleged employment and housing discrimination, voting rights and--since the passage of the Americans with Disabilities Act in 1990—accommodations for the disabled.

But Sandy Rosen, a veteran civil rights attorney with the San Francisco-based firm Rosen Bien Galvan & Grunfeld LLP, says the venue for such cases has been shifting. With the plethora of judges added to the federal judiciary in recent years, “more and more of these cases are being brought in state courts,” where judges are often more plaintiff friendly. He notes that Congress has also passed some legislation—like the Class Action Fairness Act of 2005—that makes it harder to win such suits.

“For most civil rights lawyers, if you can figure out how to file in state court, do it,” says Rosen, a graduate of Yale Law School who clerked for the NAACP Defense Fund in the 1960s.

“Plaintiffs’ lawyers are not stupid—they find workarounds,” he says. Civil rights lawsuits “are a cosmic game of chess, and good lawyers are like chess masters—they see ten moves ahead.”

John Ettorre is an Emmy-award-winning writer, based in Cleveland. His work has appeared in more than 100 publications, including the New York Times and the Christian Science Monitor.

Related Articles

Washington D.C. 2022 "Lawyer of the Year"


by Best Lawyers

Subhashini Bollini is honored as 2022 "Lawyer of the Year" in Civil Rights Law for Washington, D.C.

Washington D.C. 2022 Lawyer of the Year

John P. Relman - Washington, D.C. 2021 Lawyer of the Year


by Best Lawyers

Civil Rights Law Washington, D.C.

Headshot of John Relman

A Legacy of Helping Those in Need


by Johanna Marmon

Koskoff Koskoff & Bieder has established itself in Connecticut as a firm that will fight for its clients.

A Legacy of Helping Those in Need

Jumping Hurdles toward the Finish Line


by Meredith Aldridge, Colleen Welch, and Alicia Hall

Forty-five years of progress with Title IX.

Title IX seeks to change cultural norms

In the News: Austin/San Antonio


by Compiled by Tess Congo

A summary of newsworthy content from Austin/San Antonio lawyers and law firms.

Austin/San Antonio In the News

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipemtn

Beyond the Billables


by Michele M. Jochner

In a recently conducted, comprehensive study, data reveals a plethora of hidden realities that parents working full-time in the legal industry face every day.

Women in business attire pushing stroller takes a phone call