Abuse & Misconduct Lawsuits

Thinking about filing a lawsuit due to alleged abuse or institutional misconduct? This page explains when and how these kinds of lawsuits may apply.

Lawsuits of this nature are civil actions that might apply when someone has suffered harm. The harm is generally due to the conduct of another. It could also be due to failure to:

• Prevent abuse
• Protect individuals
• Take meaningful action after complaints

Now, let’s take a closer look at some more info about lawsuits related to alleged abuse or institutional misconduct.

Disclaimer: This page offers general information, not legal advice, and does not create an attorney‑client relationship. Some allegations mentioned are unproven in court. Information is based on public sources. For certain lawsuits, inquiries are shared with a partner firm under a marketing arrangement.

Understanding Civil vs. Criminal Claims

The lawsuits we discuss on this page are civil claims. Let’s take a minute to differentiate between civil and criminal claims.

Criminal Cases – Legal proceedings brought by the government charge a person with a crime. The government’s goal is to determine whether the defendant is guilty or not. Wrongdoing might be punished through jail time or other penalties.

Civil Lawsuits – Legal cases filed by private individuals or organizations to sue for alleged harm. If it’s established that harm was committed, compensation might be awarded.

There does not need to be a criminal conviction or charges to file a civil lawsuit. In fact, many civil lawsuits about alleged abuse or misconduct proceed without criminal charges ever being filed.

Key Definitions: Abuse, Misconduct, and Negligence

Next, let’s define some important terms according to Cornell Law School’s Legal Information Institute:

• Abuse – An action that intentionally causes harm or injures another person.
• Misconduct – Wrongful or unlawful behavior.
• Official Misconduct – Generally refers to the misconduct of an official in relation to his or her duty as a public servant.
• Negligence – The failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.

“Misconduct” includes sexual misconduct. In a civil claim, this would usually involve people who are meant to be trusted figures who allegedly violated legal or ethical duties. For example, educators, caregivers, law enforcement, etc.

In a civil case, some of the terms defined above might overlap. Here is a hypothetical example:

• An institution like a school might face a negligence claim for failing to act after receiving reports of abuse.

Who Can Be Held Liable in These Cases?

Now, let’s review who may be a liable party in a lawsuit dealing with abuse or institutional misconduct.

• Alleged abusers are individuals who are accused of committing abuse themselves.
• Institutions, for example: Schools, churches, nursing homes, youth organizations, or corporations.
• Employers who failed to address harassment or retaliation.
• Government agencies, police departments, or correctional facilities.

Keep in mind that in this type of lawsuit, multiple parties may be held jointly liable.

Lawsuits that allege abuse or institutional misconduct can occur in a wide range of situations. Let’s review some real-world examples of alleged abuse and institutional misconduct.

Sexual Assault and Abuse

Sexual abuse may give rise to civil legal claims depending on the circumstances. Sexual abuse can also occur in many different settings and happen to anyone, given the right situation. Civil sexual abuse lawsuits allow survivors to seek compensation even if there were never any criminal charges filed.

Child Sexual Abuse

Some of the most devastating abuse-related lawsuits involve children harmed by adults. In fact, some studies estimate that up to 1 in 4 girls and 1 in 20 boys may experience sexual abuse before adulthood.

This abuse is often perpetrated by adults in positions of trust. For example, teachers, coaches, clergy, or youth group leaders. Civil claims in these cases often include allegations of:

• Sexual abuse
• Grooming
• Coercion of minors

Civil lawsuits for child sexual abuse allow survivors to seek compensation. As stated above, this is often possible even if no criminal charges were filed.

Sexual Assault by Authority Figures

Exceptional legal standards may apply when the alleged abuser holds a position of authority.

For example, according to federal law, federal law enforcement officers cannot legally engage in sexual acts with an individual in custody, even if consent is claimed. This is due to the power imbalance in the situation that individuals in custody face.

Institutional Failures to Prevent Alleged Abuse and Misconduct

In many lawsuits related to abuse, both the alleged abuser and the institution that failed to act are core issues.

Institutions that accept responsibility for others have a legal and ethical duty to protect those under their care from foreseeable harm.

Some example situations where an institution may face civil liability include:

• Ignoring credible reports.
• Not heeding warnings.
• Allowing known offenders to continue accessing victims and vulnerable parties.

Workplace Harassment, Retaliation, and Discrimination

People have the right to work free from unlawful discrimination and harassment. Unfortunately, many employees face wrongful treatment while at work. Common examples of alleged misconduct include:

• Unlawful discrimination based on a protected characteristic.
• Harassment based on race, sex, age, or other protected traits may violate federal law when it is severe or pervasive enough to create a hostile work environment.
• Retaliation for reporting or opposing discrimination.
• Denial of accommodations or other rights protected by federal employment laws (e.g., ADA, Title VII).

Federal law prohibits workplace discrimination on the basis of the following:

• Race
• Color
• Religion
• Sex
• National origin
• Age
• Disability
• Genetic information

For more information about discrimination, you can learn more about the following laws:

• Title VII of the Civil Rights Act of 1964
• The Americans with Disabilities Act (ADA)
• The Age Discrimination in Employment Act (ADEA)
• The Genetic Information Nondiscrimination Act (GINA)

Federal law prohibits retaliation for reporting discrimination in many cases. Your rights may depend on your situation. This also applies if you take part in an EEOC investigation. This can include:

• Demotion
• Discipline
• Firing

Workplace Violence

During 2021 and 2022, U.S. employers reported 57,610 incidents of nonfatal workplace violence that led to time off work, job restrictions, or transfers.

Elder Abuse and Neglect

The Department of Justice (DOJ) defines elder abuse in the following terms:

An intentional or negligent act by any person that causes harm or a serious risk of harm to an older adult.

Some common types of elder abuse include:

• Physical Abuse
• Psychological Abuse
• Financial Exploitation
• Neglect and Abandonment
• Sexual Abuse

The DOJ estimates that over 1 in 10 U.S. seniors may experience elder abuse annually.

Elder abuse can occur anywhere, but some common places include:

• Private homes
• Long-term care facilities
• Nursing homes

Negligent Security

Negligent security lawsuits can happen when a property owner fails to provide sufficient safety measures, and as a result, someone is harmed. The harm can include third-party assaults that could have been prevented with reasonable precaution.

Third-Party Assaults

If someone is attacked, they may be able to hold the perpetrator accountable through a civil lawsuit. In many cases, the victim may also be able to make a legal claim against a third party, as explained above.

Misconduct by Law Enforcement and Correctional Officers

Law enforcement officers and correctional staff at prisons and similar facilities are trusted with power over others.

Federal law (18 U.S.C. § 242) makes it illegal for someone acting under official authority to willfully deny someone rights guaranteed by the Constitution or U.S. law.

This includes misconduct such as:

• Excessive force
• Sexual abuse
• Failing to intervene when someone is in danger

It’s also important to note that these alleged acts of misconduct don’t need to happen during an official shift. They only need to happen when an officer is acting under the “color of the law.” That means if an officer purports to be in an official capacity, they could be liable.

Online Platforms and Social Media Harm to Youth

Social media platforms like Instagram, TikTok, Snapchat, and YouTube are facing lawsuits. The lawsuits allege that design features intentionally foster addictive behaviors in minors.

The lawsuits cite specific design elements such as:

• Infinite scrolling
• Algorithmic content recommendations
• Notification systems

Plaintiffs claim these features are designed to keep users engaged. They say this leads to compulsive use among underage users. They also allege that this compulsive use contributes to mental health issues in children. These include anxiety, depression, and self-harm.

It’s important to keep in mind that this info is from ongoing lawsuits; allegations have not yet been proven in court.

What Compensation May Victims Receive?

If eligible, victims may qualify for compensation, depending on the case. The compensation they’d receive, if awarded, depends on the nature and severity of harm.

Settlement Disclaimer: Past results do not guarantee future outcomes. Each case is unique, and compensation depends on individual circumstances.

Legal compensation is meant to help restore what was lost or damaged due to the wrongdoing. Such losses may include:

• Financial loss
• Health
• Livelihood
• Quality of life

Your eligibility for certain damages will depend on the facts of your case and relevant state law, if applicable:

• Medical Expenses and Long-Term Treatment Needs
• Lost Wages and Future Income Losses
• Physical Pain and Diminished Enjoyment of Life
• Emotional Trauma and Mental Health Struggles
• Loss of Relationship Support or Intimacy
• Damages from a Wrongful Death
• Property Loss or Required Relocation Costs
• Punitive Awards for Egregious Conduct

Lawsuits about alleged abuse and institutional misconduct are generally handled in one of three ways.

• Individual lawsuits
• Class action lawsuits
• Multidistrict Litigation

What Is an MDL and How Does It Work?

Multidistrict litigation (MDL) combines lawsuits with similar facts. This process brings them together under one federal judge for pretrial processes.

An MDL is meant to simplify legal proceedings by combining similar cases. This helps reduce repetition and prevent conflicting decisions.

MDLs are not the same thing as class action lawsuits. In class action lawsuits, plaintiffs are treated like a single group. In an MDL, each plaintiff’s case is still treated as an individual claim.

Note: Fill out the form or call to see if legal options may be available. For cases outside Nevada, your inquiry may be referred to a partner law firm under a marketing arrangement to assist with the next steps.

Have you or someone you love experienced harm from abuse or institutional misconduct? If so, you may have legal options.

Request your free consultation here.