POLICE BRUTALITY AND MISCONDUCT
Have you been a Victim of Police Misconduct or Brutality?
Police misconduct refers to any action performed by law enforcement officers that violate the rights of citizens, including the use of excessive force, false arrest and racial profiling. This kind of behavior can lead to civil lawsuits, protests, and erodes public trust. Police misconduct is a serious issue that requires authorities to implement strict measures to prevent it from occurring, including training on ethical conduct, internal investigations, and the use of body cameras. Police brutality in particular refers to the use of excessive force by law enforcement during apprehension or while detaining a suspect. This form of police misconduct can harm both the physical and mental well-being of the person being arrested, and the public's trust in the police. The use of excessive force can also lead to unnecessary violence, injury, or death, and violates the rights provided by the constitution. It is important to recognize and address police brutality to ensure that law enforcement upholds their duty to protect and serve the community with integrity and respect. The best way to fight back against police misconduct and brutality is to contact a personal injury lawyer that can help protect your constitutional rights.
Can I Sue the Police?
Title 42 of the United Sates Code section 1983 allow victims of police-misconduct to hold officers, their supervisors, and employers accountable by filing a lawsuit against them. To state a section 1983 claim, a person must show: (1) that the conduct complained of was committed by a person acting under color of state law; and (2) that the conduct deprived the person of a constitutional right. Balistreri v. Pacifica Police Dept., 90 F.2d 696, 699. A person includes an individual officer, or a city, county, or a school or transit district, for example. Courts have interpreted section 1983’s definition of a “person” to exclude a state government, so only state government employees may be sued as private individuals.
With regard to excessive force cases, a police-brutality victim may bring a section 1983 claim under the Fourth Amendment of the United States Constitution. The main question for the jury in excessive-force cases is whether a reasonable officer would have thought that a certain type and amount of force was needed. Graham v. Connor, 490 U.S. 386 (1989). Generally, whether the police-brutality victim posed a threat of immediate harm to the officer or anyone else is the most important factor. The fact that an officer was afraid or that a person posed a potential threat of immediate harm to the officer, is not enough. Objective facts must indicate that the person posed an immediate threat right before the officer used force. Other relevant factors include whether the person was committing a crime, as well as whether the person was trying to flee. If the case goes to trial, a jury must assess the "reasonableness" of a particular use of force by an officer and examine all the facts to make the determination of whether the officers use of force was excessive.
How Do I Sue for Police Misconduct or Brutality?
Taking legal action of any kind, including suing for police misconduct or brutality, can be complicated. There are many steps that need to be followed before a lawsuit is filed, and even more steps must be completed after. These steps include filing a government tort claim against the police agency and officer involved in the misconduct, and obtaining relevant police and medical reports, among many others. If the government tort claim is rejected by the agency it is filed with, a lawsuit must be filed within six months of the rejection. Although many of these steps can be completed without a personal injury attorney, often times people filing the forms on their own behalf may miss deadlines or omit important information that should have been included. For this reason, it is highly advisable that you consult our personal injury lawyers. Our personal injury attorneys will ensure that all of the required and advisable steps are met and will maximize your chance of winning your lawsuit.
What If I Have No Evidence?
Many people who have suffered police misconduct or brutality fail to take any action against the officers or agencies that caused it because they believe that there is no evidence of illegal actions and that the police are always protected. However, our personal injury attorneys have various ways to obtain the evidence needed for your lawsuit. For example, we can request documents (including emails and other electronic evidence) from anyone involved, subpoena witnesses to testify, and even take the deposition of the people who caused the accident. Very often there is more evidence than you might think exists, and this evidence can help strengthen your case.
Are There Deadlines for Filing a Lawsuit?
Police misconduct and brutality cases have numerous deadlines that can come up fast, so it’s important that you speak to our personal injury attorneys as soon as possible. Generally speaking, as stated above, a Government Tort Claim must be filed within six (6) months of the incident with the correct police agency. Furthermore, if a rejection of the claim is received from the police agency within forty five (45) days of filing the claim, the statute of limitations or deadline for filing a lawsuit is six (6) months. If the rejection is not received within 45 days, then a lawsuit for a police misconduct and brutality must be filed within two (2) years after the accident. Because of the many and complicated deadlines involved in a police misconduct or brutality case, it is important to retain a personal injury lawyer and file a lawsuit before the statute of limitations – or deadline – expires on any of your potential claims.
What Is My Case Worth?
Generally speaking, police misconduct or brutality cases have three types of damages: 1) economic, or special damages; 2) non-economic, or general damages; and 3) punitive damages. The value of your case depends in large part on these factors, as well as a fourth – liability.
Economic, or special, damages include payment for past and future medical expenses, and past and future lost earnings, among other types of losses. Non-economic, or general, damages include your pain and suffering. For example, if you injure your arm and require surgery, the pain and suffering stemming from the injury, the resulting surgery, and the loss of use of that arm while you’re recuperating, may be compensable as a non-economic injury. Non-economic damages also include loss of consortium – damages that the spouse of an injured person incurs, such as loss of companionship and support. Because you must prove that you sustained these damages, it’s important to get all medical treatment and psychological care that you need.
Punitive damages, although rare, exist to create a deterrent for other companies from behaving in a similar manner. To obtain punitive damages, you must show that clear and convincing evidence that the defendant acted with oppression, fraud or malice.
The last factor is liability. Every case has good facts and bad facts. The more good facts there are in your case, the more likely it is that you will win at trial, and the more likely it is that the defendant will pay more to settle the case. How do your attorney and the defendant's attorney discover good and bad facts? Through the discovery portion of the case, described above. This means that the value of a case can change as both good and bad facts are discovered throughout, and why a good personal injury lawyer can maximize the value of your case.
GET HELP NOW
Our personal injury attorneys have over a decade of experience fighting for the injured against the largest insurance companies in the country. Our office handles all manner of personal and catastrophic injury claims throughout California, including Los Angeles, Orange, Riverside, San Bernardino, San Diego, Imperial, Ventura, Santa Barbara, and Kern counties. If you or a loved one has been injured, please contact our office for a free consultation.