Q: What do I do when I believe my civil rights granted by the14th amendment has been violated?
Probate matter was heard in Greenville County Probate Court. I was a respondent and disagreed with the other respondents. I had sanctions placed upon me without the ability to confront my accusers or to testify in court. My understanding of due process laws I believe were violated. I appealed the decision in the Court of Common Pleas, but the case was dismissed with prejudice, as judge stated I was not the Petitioner and could not state the claim. I am facing a Contempt of Court hearing on 1/24/24 about this matter and risk what I believe could be an unlawful judgement against myself for actions I was unable to defend. I have all the transcripts of the case and at no point did the judge inform me of my right to testify on my own behalf or any other relief in the proceedings that may have altered the position I am in now.
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A:
If you believe your 14th Amendment rights have been violated in a probate court matter, it's crucial to take action promptly. The 14th Amendment guarantees due process, which includes the right to a fair hearing and the opportunity to confront your accusers and present your case.
First, consider seeking legal advice from an attorney experienced in civil rights and probate law. They can review the specifics of your case, including the transcripts, to determine if there were violations of your constitutional rights and advise on the best course of action.
Given that you have an upcoming Contempt of Court hearing, it's essential to address this issue immediately. Your attorney can help you prepare for this hearing and potentially raise the issue of due process violations as a defense.
If your attorney finds that your rights were indeed violated, they may suggest filing a civil rights lawsuit. Such a lawsuit could be filed in federal court, as the 14th Amendment is a federal constitutional right.
Remember, the complexity of constitutional law and the specifics of probate court proceedings make it critical to get tailored legal advice. Each case is unique, and the success of any legal action will depend on the specifics of your situation.
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