What is the bar to a civil rights violation?
In Indiana, a person can bring a claim for a civil rights violation if they can prove that their legal rights have been violated. The standard of proof, known as the bar, is that the person must demonstrate that the violation was intentional, or that the person responsible for the violation acted with reckless disregard for the protected rights of another. The claim must also establish that the violation caused injury or harm to the person bringing the claim. For example, if a person is discriminated against in their employment on the basis of race or gender, the law would require that the defendant caused a material harm to the plaintiff, such as lower pay or a demotion. The claim must also show that the violation was the result of an action or decision taken by the responsible party. This includes intentional or reckless actions, such as hiring practices which intentionally discriminated against certain races or genders, or creating an environment that is hostile to certain groups in violation of civil rights laws. The court may also consider whether the person responsible for the violation had a reasonable belief that their actions were lawful. This is known as qualified immunity, and if the court believes that the defendant had a good faith belief that they were acting within the law or were following orders properly, then they may not be held liable for a civil rights violation.
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