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Frequently Asked Questions

Civil Rights & Litigation Guidance

At Grable PLLC, we understand that navigating legal challenges can be complex and intimidating. Below are answers to questions we frequently receive about civil rights litigation, appeals, and our practice. If you don't find the answer you're looking for, please don't hesitate to contact us directly.

Civil Rights Questions

What qualifies as a civil rights violation?

Civil rights violations occur when government entities, officials, or others acting under color of law infringe upon rights guaranteed by the Constitution or federal statutes. Common examples include:

Excessive force by police officers
First Amendment violations (restricting speech, religious freedom, etc.)
Discrimination by government entities
Due process violations
Equal protection violations
Unreasonable searches and seizures

Not all negative interactions with government officials constitute civil rights violations. The specific facts and applicable law determine whether your rights have been violated in a legally actionable way.

What is Section 1983 and why is it important for civil rights cases?

42 U.S.C. § 1983 is the federal statute that allows individuals to sue government officials and entities for civil rights violations. It provides the legal mechanism to seek damages and other remedies when constitutional rights are violated by someone acting "under color of law." This statute is the primary tool for enforcing constitutional rights in federal court.

What is qualified immunity and how does it affect my civil rights case?

Qualified immunity is a legal doctrine that shields government officials from liability unless they violated "clearly established" law that a reasonable person in their position would have known about. This doctrine presents a significant hurdle in many civil rights cases, particularly those involving law enforcement.

Our approach involves identifying cases with similar factual scenarios to demonstrate that the law was clearly established, focusing on the specifics of the constitutional violation, and presenting compelling evidence that overcomes this defense.

How long do I have to file a civil rights lawsuit?

In Texas, most civil rights claims are subject to a two-year statute of limitations from the date of the incident. However, some claims may have different deadlines, particularly those against federal entities or officials. Additionally, claims against governmental entities often require notices to be filed much sooner—sometimes within days or months of the incident.

Because of these complexities, it's crucial to consult with an attorney as soon as possible after a potential civil rights violation.

Can I sue a police department or city for violating my rights?

Yes, but such claims involve specific legal requirements. To hold a municipality liable under Section 1983, you typically must demonstrate that the violation resulted from:

An official policy
An unofficial custom or practice
Failure to train or supervise
A decision by a final policymaker

These "Monell claims" (named after a Supreme Court case) are complex but can be successful with proper evidence and legal strategy.

Appeals Questions

When can I appeal a court decision?

Appeals are generally available after a final judgment in your case. In some circumstances, interlocutory appeals (appeals before final judgment) may be possible for certain types of orders. Additionally, extraordinary writs like mandamus may be available in specific situations where waiting for a final judgment would cause irreparable harm.

The decision to appeal requires careful consideration of the legal issues, potential outcomes, and practical implications.

How long do I have to file an appeal?

Appeal deadlines are strict and jurisdictional, meaning they cannot typically be extended. In Texas state courts, a notice of appeal must generally be filed within 30 days of the judgment. In federal court, the deadline is typically 30 days in civil cases. However, post-judgment motions can affect these deadlines.

Missing an appeal deadline usually means permanently losing your right to appeal, which is why consulting with appellate counsel promptly after an adverse judgment is critical.

What is the difference between a trial and an appeal?

Trials determine facts through witness testimony, document evidence, and other presentations. Appeals, by contrast, review legal errors in the trial court proceedings. Appellate courts generally do not hear new evidence or reconsider factual determinations made by juries or trial judges.

Appeals focus on whether the trial court correctly applied the law, followed proper procedures, and made rulings supported by the evidence presented at trial.

Should I use the same attorney for my appeal as I used for trial?

While continuing with the same attorney may offer some advantages, appellate practice requires specialized skills different from trial advocacy. Appellate lawyers focus on legal analysis, written advocacy, and identifying issues that may not have been apparent during trial.

Additionally, a fresh perspective can sometimes identify issues that trial counsel might overlook. Many successful appeals involve collaboration between trial counsel and appellate specialists.

Practice - Specific Questions

What types of cases does Grable PLLC handle?

Our practice focuses primarily on:

Civil rights litigation
Constitutional law
Appeals and appellate practice
General civil litigation
Social media defamation defense
Internal investigations

We represent individuals, businesses, and organizations in state and federal courts throughout Texas.

How much does it cost to hire Grable PLLC?

Legal representation costs vary depending on the nature of your case, its complexity, and the specific legal services required. We offer several fee arrangements:

Hourly billing
Flat fees for certain matters
Contingency fees in appropriate cases
Hybrid arrangements

During your initial consultation, we'll discuss fee structures appropriate for your specific situation and provide clear information about anticipated costs.

What is the process for becoming a client?

The process typically begins with an initial consultation to discuss your legal matter and determine whether our firm is the right fit for your needs. This consultation allows us to:

Understand the basic facts of your situation
Identify potential legal issues
Discuss possible approaches
Explain relevant fee arrangements

If we mutually decide to proceed, we'll provide an engagement letter outlining the scope of representation and fee structure. Once that's signed and any initial retainer is paid, we begin work on your case.

Military - Related Questions

How does Brandon Grable's military background benefit clients?

Brandon's extensive military experience, including combat deployments and his current role as a Sergeant Major in the Army Reserves, brings unique advantages to his legal practice:

Exceptional organizational skills and attention to detail
Strategic thinking developed through military leadership
Discipline and determination in pursuing client objectives
Understanding of government agencies and procedures
Special insight into cases involving military personnel or veterans

These qualities translate into thorough preparation, strategic case management, and determined advocacy for our clients.

Does Grable PLLC offer special services for military personnel or veterans?

Yes, we have particular experience with legal matters affecting service members and veterans, including:

Servicemember Civil Relief Act (SCRA) issues
Military-related employment matters
Transition challenges for veterans
Civil rights matters affecting military personnel

We understand the unique circumstances military personnel face and approach these cases with both legal expertise and personal understanding.

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Contact Us with Additional Questions

If you have questions not addressed here, we encourage you to contact us directly. Legal matters are often unique, and we're happy to provide information specific to your situation.

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