If they are convicted, then I would agree, but as of now, none of the rights under Federal law have been violated.
You don't have to be convicted to have your civil rights violated. The harm is done. That fact that it could become worse through convictions doesn't lessen the current extent of the violations. The boys have been placed in jeopardy because of the violations against them. You seem to completely misunderstand this in the classic cart-before-the-horse syndrome. Under your theory, they have to fully damaged and have lost the case, after spending hundreds of thousands on legal fees, and suffered the full effects of the violations before they can be considered violations. A perfect analogy that clearly and simply illustrates your argument is that, according to your reasoning, attempted murder is not a crime and the victim has not been fully harmed as the crime was intended, even if he loses a limb, spends months in traction, or ends up a vegetable. The act only becomes a crime if and when the killer succeeds in killing his victim, under your reasoning.
Sorry, pal. It doesn't work that way. In fact, it's a legal absurdity. :>