Constitutional & Civil Rights Law

It is fundamental to the mission of Rosen, Bien & Galvan that we provide legal representation to persons of limited means and to organizations that serve those people. We use the court system and all its resources – trial, negotiation and settlement – to defend the interests of our clients – victims of discrimination or violence, prisoners and parolees who have no other means of redress for unconstitutional or abusive conditions, and media organizations impeded from finding and publicizing the truth. Our approach is tough but fair. We are passionate about what we do and are fully committed to it. We are highly motivated and personally dedicated to achieving results for our clients, with special emphasis in these areas.

Disability Rights

Our firm has focused on fighting discrimination against persons with disabilities. We have represented classes of persons with disabilities in cases against major public entities such as the California Department of Corrections and Rehabilitation, the City of Oakland, Alameda County and the California Board of Parole Hearings. Each of these cases has required many years of work with experts in the field and with clients and their families. We have served as counsel in class actions and other litigation to assert client rights under state and federal disability law against various public and private entities including retail stores, restaurants, hospitals and department stores.

Juvenile Justice

In 2008, after two years of hard-fought litigation, we secured the rights of all juvenile parolees in California to fair hearings when they are accused of violating the terms of their parole, including representation by counsel, notice of the charges and evidence against them, the right to confront their accusers in a violation hearing, assistance for those who need it due to disability or other impairments, and the right to be considered for community-based alternative sanctions instead of return to California’s juvenile prison system.

Prisoners’ Rights

Throughout the history of our firm we have sought to end systemic abuses of prisoners and parolees that harm both our clients and the public safety. We have brought about systemic change to reform unconstitutional conditions of confinement, denial of mental health care, unlawful discrimination against persons with physical and mental disabilities, protection of prisoners from sexual assault, and violations of due process.

We have won and defended on appeal important federal judgments that:

• Required complete reform of mental health care for prisoners in California;
• Required new policies and procedures governing involuntary medication and psychiatric hospitalization of mentally ill prisoners in California;
• Banned the use of 37 mm guns firing wooden blocks and rubber pellets to control mentally ill prisoners;
• Required wholesale reform of California’s adult parole revocation system, including appointed counsel for all parolees;
• Required reform of policies and procedures that barred prisoners and parolees with disability from prison and parole programs, including rehabilitative programs that benefit public safety;
• Held that the Prison Litigation Reform Act attorney fee limitation does not limit fee awards for prison litigation brought under federal laws prohibiting disability discrimination.

The firm represented three female prisoners who were victims of sexual assault while incarcerated in federal prison. The federal government agreed to pay $500,000 in damages and to reform its policies and procedures and training system wide governing issues of sexual assault, sexual harassment and the rights of female prisoners and victims of crimes.

We firmly believe that such cases serve the public interest as well as our clients’ interests because unlawful and unhealthy correctional policies make prisons breeding places for crime and present grave dangers to public safety.

Victims’ Rights

Our lawyers represent persons who were victims of crimes, working to protect their rights and dignity through criminal and administrative proceedings and to obtain compensation for their injuries and losses. Our goal is to assure the safety and security of the client, to aid in her recovery from the injuries she suffered, and to protect her rights and dignity in whatever criminal, civil or administrative process in which she may be engaged. We have represented persons ranging from female prisoners to a female college student who was sexually assaulted in the course of a sorority hazing.

First Amendment / Media

We have represented publishers (newspaper, magazine, newsletter and book), broadcasters (television, radio and cable) and their reporters in First Amendment cases, including the defense of access to prisoners. We also defend clients who are subpoenaed for information or testimony, and help journalists gain timely access to public records, closed meetings and closed court proceedings. Other First Amendment matters we have handled involve issues of religious freedom and freedom of speech.