Birmingham Civil Lawyer
Private Victories for the Public Good
Attorney Terrell McCants is a passionate, driven civil attorney who, from personal experience and professional experience, has fought to safeguard individuals’ civil rights throughout Birmingham. Attorney McCants also has great relationships with many prosecutors, police, and attorneys of surrounding municipalities, and Burrell & McCants, LLC is a well-respected law firm in the community. Attorney McCants will get to know you and your situation compassionately and take your case to court aggressively. From sexual harassment to police brutality to car accidents, Burrell & McCants, LLC can efficiently handle your civil case to safeguard your rights as a citizen.
Sexual Harassment in the Workplace
The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. More specifically, sexual harassment is unwelcome sexual behavior that:
- explicitly or implicitly affects a term or condition of an individual's employment;
- unreasonably interferes with an employee's work performance;
- creates an intimidating, hostile, or offensive work environment.
Note that sexual harassment can be physical (e.g., touching or gesturing), verbal (e.g., requests for a date or sexual favors or lewd remarks), or visual (e.g., exposure to sexual photos, cartoons, or drawings).
Two specific categories of sexual harassment that can occur in the workplace are “quid pro quo,” which is committed by someone who has the power to make employment decisions that will impact the victim and creating a “hostile work environment,” which exists when an employee is subjected to unwanted sexual advances, propositions, jokes, or pictures while at work.
To learn more about sexual harassment litigation in Birmingham and how Burrell & McCants, LLC can help, visit our Sexual Harassment page.
Police Brutality Litigation
Federal law protects individuals against excessive force from law enforcement, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches, or arrests. By definition, excessive force, or police brutality, refers to situations where government officials legally entitled to use force use more than is necessary to diffuse an incident or protect themselves or others from harm.
Individuals are protected under the Fourth Amendment from unreasonable seizure, and law enforcement officers are not allowed to arrest individuals without a warrant or probable cause. The landmark Supreme Court case Tennessee v. Garner also established that deadly force can only be used during an arrest if doing so is necessary to prevent the alleged offender’s escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.
When deciding whether a police officer engaged in excessive force, courts will examine the totality of the circumstances to determine whether the actions were "objectively reasonable," analyzing factors like:
- the severity of the underlying crime or circumstances;
- whether an immediate threat to the safety of the officer or others existed;
- whether the individual was actively resisting arrest or attempting to flee;
- whether other alternatives were available; or
- whether warnings were provided or could have been provided.
Visit our Police Brutality page to learn more specifically about how we can litigate your civil case against an incident of police brutality.
Car Accident Damages
Under Alabama's "contributory negligence" rule, individuals involved in a car accident cannot receive any monetary damages if they are found to have been even slightly at fault for the accident. (This is contrary to most states that operate under “comparative negligence,” which allows drivers to recover some damages if they are not more than 50% at fault for the accident). For more information about car accident rulings in Birmingham, take a look at our Accidents & Car Wrecks page.
The statute of limitations for car accidents in Alabama (and most personal injury claims) is 2 years (unless a person only seeks to file a lawsuit over vehicle damage, in which case the deadline is 6 years). The 2-year deadline also applies if a car accident results in a death, and the family or personal representative of the deceased person wants to file a wrongful death lawsuit against the person who caused the crash. Note that the 2-year clock starts running on the day the injury occurs. If a plaintiff does not file before the 2-year deadline, the court will likely dismiss the lawsuit.
Questions? Call Us at (205) 547-3042!
If you are looking to file a civil case in Birmingham, it is imperative that you have a knowledgeable and well-respected lawyer on your side. Attorney Terrell McCants is a passionate and dedicated civil rights lawyer who will fight tirelessly for your rights, whether you seek to take legal action in response to sexual harassment, police brutality, or serious injury from a car accident.
Got the charges dismissed, thanks for your help.- Darryl
Him and his staff had been amazing.- Candance
I am glad they are representing me.- Cheryl
Very knowledgeable and you will be very happy.- Ashlie
Focused on actually listening to the clients' needs!- Ed