PRACTICE POINTERS
Advocating for Human Rights ABLA and HBAA’s First Juneteenth CLE BY AYEOLA WILLIAMS, JASMINE HARDING, TYCHANIKA “TYCHA” KIMBROUGH, AND LAURA DE LA GARZA theory of excessive force, which permits a police officer to use a reasonable amount of force to effectuate an arrest, to defend self or others, or—to some degree—defend property or prevent unlawful crimes. The legal standard under the Fourth Amendment for excessive force requires an injury that resulted from the unreasonable use of force.
Ayeola Williams, Staff Attorney, Capital Metro
Tychanika “Tycha” Kimbrough, Managing Attorney, Kimbrough Legal PLLC
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n the midst of the COVID-19 pandemic and nationwide protests for Black lives and racial justice, roughly 200 attorneys from around the state participated in the noon-hour Juneteenth CLE: “Intro to Civil Rights: Advocating for Social Justice During Periods of Civil Unrest and Beyond,” hosted by the Austin Black Lawyers Association and the Hispanic Bar Association of Austin. This summary of the CLE is intended for Austin lawyers who are seeking opportunities to advocate for and/or get involved in the seemingly 32
AUSTINLAWYER | SEPTEMBER 2020
Jasmine Harding, Associate, Doyle & Seelbach PLLC
Laura de la Garza, Deputy Director, Senate Committee on State Affairs
never-ending crusade for social justice and human rights. The first speaker, Brian McGiverin, an experienced civil rights attorney with the Austin Community Law Center and privatesector firms, shared fundamental concepts of civil rights cases and how these concepts could be viewed as obstacles to justice. When asked about specific cases filed against police officers, McGiverin explained that arrests without probable cause, unreasonable searches and seizures, and excessive force claims are typical cases seen in litigation. He elaborated on the legal
minority representatives, the boundaries of these districts determine who is elected to represent them, and legislators must walk the fine line of fairly apportioning districts according to similar populations without diluting minority votes. Protecting the principle of “one person, one vote” and ensuring that minority voters are
The 2021 redistricting will be the first time in nearly 50 years that Texas has not been subject to federal preclearance of our legislative redistricting process. McGiverin’s discussion shifted to the statutory interpretation of 42. U.S.C. § 1983. He emphasized that the statute does not create rights; rather, it’s used as a vehicle which permits someone to enforce certain laws. McGiverin further explained the doctrine of qualified immunity and its practical implications of permitting someone to not be held liable for violating another person’s constitutional rights in certain situations. McGiverin encouraged individuals interested in volunteering on excessive force cases to contact the Austin Community Center, the Texas Civil Rights Project, or other applicable firms or programs. Laura de la Garza, a legislative attorney, explained the legislative process and how the upcoming legislative redistricting will affect minority representation in state government. Following each decennial census, the Texas Constitution requires the state legislature to reapportion legislative districts. In practice, because majorityminority districts tend to elect
equally represented in legislative districts has been the subject of many Supreme Court cases. (See, e.g., Reynolds v. Sims, 377 U.S. 533 (1964); Thornburg v. Gingles, 478 U.S. 30 (1986); Shaw v. Reno, 509 U.S. 630 (1993).) The 2021 redistricting will be the first time in nearly 50 years that Texas has not been subject to federal preclearance of our legislative redistricting process. Attorneys can get involved in the legislative process by: 1) calling or meeting with their legislator; 2) testifying at committee hearings; and 3) if they don’t have time to follow the legislative process of each bill, donating to social justice organizations that have full-time lobbyists. Tychanika “Tycha” Kimbrough, managing attorney of Kimbrough Legal, passionately discussed how she is advocating for social justice reform and fighting against racial injustices by representing arrested protesters on a pro bono basis. Kimbrough shared how individuals throughout the State of Texas and the United
