Can I Sue The Police Department For Violating My Rights
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You have rights as a citizen in the United States that must be protected under state laws as well as the constitution. If you believe that a violation of your rights has occurred, this prompts the question, “Can I sue the police department for violating my rights?”
These are very complex cases and often require the insight of an experienced and dedicated lawyer. An experienced criminal defense lawyer or personal injury lawyer will be able to assist you when you are asking the question, “Can I sue the police department for violating my rights?”
Violations of rights are taken extremely seriously by anyone who is accused, so it is extremely important to make sure that you have ample evidence supporting the basis of your claims so that you can confidently move forward with your next steps. It will be very important to have this evidence organized so that you can argue when your civil rights have been violated or when the police have engaged in misconduct.
Can You Sue For Police Misconduct
Law enforcement officers have a dangerous job protecting communities and keeping people safe. The people who serve as police officers have a difficult job, and many of them are professionals who treat citizens fairly and equally. However, some officers abuse that power and dishonor their uniforms. Police officers are not above the law, and if youve been a victim of police abuse, you might wonder if you can sue the police. Use this guide to learn the answer to this question and others involving police abuse.
Can Evidence Found Through The Misconduct Be Excluded From Court
Victims in police misconduct cases can find themselves facing a criminal charge. Evidence may have been obtained by violating the suspects civil rights. The defense can bring a suppression motion asking that this evidence be excluded from the trial. Without the evidence obtained through the misconduct, the prosecutor may have little else to use.
Misconduct victims can also file a civil rights lawsuit under 42 U.S.C. Section 1983
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When Should I Talk To A Lawyer
You should speak to a lawyer as soon as possible after any police misconduct takes place. This is important as the lawyer will take steps to preserve evidence. Evidence becomes harder to collect and may be destroyed as time passes.
You will need to talk to a civil lawyer if you wish to bring a claim for compensation. You may also need to see a criminal lawyer if you are being maliciously prosecuted.
How To Get A Lawyer To Help You Get Justice
11. Look for a competent civil rights attorney
Because of the nature of the case, very few lawyers would be willing to take the case, so you have to start you search for an attorney pretty early so as to meet up with deadlines. If you have criminal charges pending, dont start your civil lawsuit for police misconduct until after the criminal proceedings are concluded. Filing early only gives the police more time to build their case against you.
There exists directories that can enable you find attorneys that are able to take up your police misconduct case. One of them is the National Police Accountability Project. You may not get exactly what you are looking for here, but it is a great jumping off point.
12. Research the attorneys
You may set your sights on about three to four potential attorneys and conduct a research on them to see if they have the kind of qualifications and experience you desire. Much of the information you need is available on their website, or through the website of your states bar association.
13. Discuss fees with your attorney and find out if you can afford them
When you have settled on the attorney that you think is perfect for your case, you now have to discuss their fees and payment policy to see if you can afford them. Your attorney can be willing to take police misconduct cases on a contingency fee, meaning that he or she will get paid only if you win. Many attorneys who take these types of cases work on a contingency basis.
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If You’re Unhappy With How Your Complaint Was Handled
You can refer the issue to the Police Investigations & Review Commissioner for a complaint handling review. This is free and independent.
You should do this within 3 months of the date you got the result of your original complaint.
The PIRC does not investigate the substance of a complaint. The Commissioner’s role is to review the way that the complaint was handled by the police. After investigating the complaint, the Commissioner can tell a police body to reconsider the complaint.
If you want to complain about how the PIRC has handled the review, such as unreasonable delays, you can use the PIRC internal complaints process. There is information about internal complaints on the PIRC website.
Civil Lawsuits: Section 1983
Under the Civil Rights Act of 1871, a victim of police misconduct involving a violation of the person’s civil rights can sue the offending officer and the department that employed the officer. Often referred to as a Section 1983 lawsuit , this civil action permits victims to seek money damages for their injuries. The law is meant to deter police misconduct and encourage departments to provide robust training for officers.
However, not all victims recover damages. Victims face a sometimes insurmountable hurdle called “qualified immunity.” Qualified immunity lets officers off the hook for civil liability unless the officer violated a “clearly established” right. The doctrine of qualified immunity is meant to protect officers from liability when they must make quick decisions that are reasonable but end up being flawed. But critics argue that it’s nearly impossible for victims to meet the standard, and as a result, qualified immunity provides an absolute shield for officers’ misconduct.
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What Types Of Legal Protection Do Police Officers Have
When any of these instances occur, you might wonder what victims or surviving loved ones can do. Federal and state laws protect citizens from abuse and other violations that occur from government officials. Victims of police abuse can sue the officers individually as well as the local governments that employ them.
Also, police officers have their own legal protections, including qualified immunity. This particular protection allows them a form of sovereign immunity in which they are held accountable only if they violate someones rights as clearly established through existing case law. However, qualified immunity does not apply if theres proof that the police officer acted willfully in an unlawful manner.
Excessive Force Or Assault Including The Use Of Taser Guns
Police have been allowed to carry Taser guns since 2003. A huge amount of responsibility comes with carrying weapons. The Police must use the correct procedure when using them and only use them when absolutely necessary.
When faced with a serious threat of violence, the Police are allowed to use their Tasers if they consider it to be reasonable and proportionate to the threat that they face. However, we have to place a lot of trust in their judgement of what is deemed a serious threat and how much force is reasonable.
It can be a frightening experience getting arrested or being restrained, but if a weapon is used, it can be terrifying, particularly if the weapon is being used inappropriately or without just cause. During peaceful protests, there have been many reports of people being injured by the use of a Taser on them, even when they have already been arrested and put in handcuffs.
If you or a loved one have been a victim of Taser misuse which has resulted in an injury, we have highly experienced personal injury solicitors that specialise in police negligence claims and can help you to get the police negligence compensation you deserve.
Tasers can have both physical and psychological effects that often are very serious, such as :
- Heart attack particularly if someone already has an existing heart condition.
- Emotional trauma.
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What Is Police Abuse
Police abuse involves any type of misconduct or misrepresentation of power. Also called abuse of power, this encompasses the many ways that officers can take advantage of their powerful position in our society. Some examples of police abuse involve officers who treat citizens with unwarranted brutality, engage in corrupt acts that put innocent citizens lives at stake, or shoot people in response to little or no provocation.
Whats The First Step In Making A Complaint About The Police
You might complain to the police directly in the first instance if you arent happy with the service they have given you or how they handled your case. You can go to the police station that had managed your case and talk to a senior sergeant at the branch. Otherwise, you can also complain to another senior sergeant at a nearby police branch.
Another way is to send them a letter of complaint. If you have access to the internet, you can also complain online on the New Zealand Police website.
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The History And Scope Of Section 1983
This law was initially enacted as part of the Ku Klux Klan Act of 1871 and was originally designed to fight post-Civil War racial violence in the South. It was reenacted as part of the Civil Rights Act of 1964 and has become the primary means of enforcing all constitutional rights, including the right to be free from excessive force.
Section 1983 applies to cities, but it does not apply to states, state agencies, or the federal government .
What To Do If Youre Being Harassed Online
You have a few options if you are being harassed online. The first step is to report the post to the social media platform where it was posted. If they exist, you will also be able to notify your employerâs security team. Finally, if you believe you or someone you know is in danger, you can contact law enforcement. You may be able to get the harassmenter brought to justice by employing one of these options.
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What If Someone Is Harassing You Online
If your business or home is located in a police district, file a police report and include all documentation relating to cyber-harassment and stalking. If you have evidence that the perpetrator is yours, file a restraining order until you are certain that the harassment is over.
Donât Sue Social Media, Get A Lawye
The advantages of filing a lawsuit against a social media platform are numerous. The first point to make is that social media platforms are not responsible for the content posted by their users. Furthermore, social media platforms are not required to remove defamatory or offensive content. Furthermore, filing a lawsuit against the social media platform can provide you with important legal protections. If you are the victim of social media defamation, you should contact an experienced attorney as soon as possible. You will be able to comprehend your legal rights and options with the help of a lawyer, and he or she will provide valuable advice as the case progresses.
What Kind Of Case Can You Bring Against A Police Officer
One type of case you might want to pursue is filing a civil lawsuit. Instead of focusing on whether the officer was in fear for his or her safety, the jury involved in the civil lawsuit focuses on whether the officers actions satisfied specific civil lawsuit elements. Many times, even if a criminal jury acquits an officer, a civil jury finds the victim or the family of the victim deserves compensation for the officers actions.
There are also different types of categories to consider when filing a lawsuit against a police officer. Common reasons for filing a suit include emotional distress, misconduct, and rights violations.
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Who Specifically Can I Sue
Individual police officers, supervisors, and police departments themselves can be named in a lawsuit alleging police misconduct. The government that employs and oversees the department can also be sued, however governmental immunity offers protection to municipalities subjected to police misconduct lawsuits.
Governmental immunity is a policy that protects governments and government agencies from lawsuits in many cases. The intent behind governmental immunity is to make it easier for governments to make decisions and take action without the fear of being sued for their conduct.
A common question someone who has been arrested for a crime they did not commit is, can you sue the county for false charges? You may attempt to sue the county if you think false charges have been filed against you however governmental immunity will make it difficult to succeed.
Police officers have some immunity known as qualified immunity. Qualified immunity means that police officers are protected from being sued as long as they are acting within the guidelines of their job and not acting negligently or unreasonably. Like governmental immunity, qualified immunity gives police officers room to do their job without the fear of lawsuits interfering.
Other Heads Of Claim In Civil Actions Against The Police
Every action against the police claim is different.
As well as the heads of claim detailed above, you may also be entitled to claim compensation for other breaches. For example, under:
- Maliciously obtaining search of arrest warrants
Speak to us about these other heads of claim and find out if you are entitled to sue the police for compensation or other remedies.
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How To Sue A City For Negligence
Suing the government for damages is a lot harder than pursuing a personal injury case against a private entity. But it is not impossible.
While public entities do enjoy certain immunities, they can be held accountable when they neglect their mandate of care to the public. Heres how to sue a city for negligence:
Sexual Assaults And Rape
Police sexual assaults and rape are typically unreported. Victims are afraid to report the assaults for fear of retribution against them.
In the United States, police officers were criminally charged with more than 400 rapes in the decade between 2005 and 2015. In Michigan alone, there were 11 charges of forcible rape by officers during that period. Other sex assaults include fondling, forcible sodomy, indecent exposure, and sexual assaults with objects. Illegal strip searches are a form of sexual assault.
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Civil Suits For Harassment
You can also sue your harasser in civil court, but these cases are rare. In civil court, the case becomes about money lost. If you have hospital bills, lost work, or pain and suffering, you can sue to get those costs back. The drawbacks are that these cases can take a long time and if your harasser doesnt have money, it will be hard to get them to pay a judgment.
A restraining order is a better way to control the actions of the harasser. It is how to get someone to stop harassing you.
Josh Sainsbury
Business Content Editor
Josh Sainsbury is a business content editor at LegalTemplates. His background in a variety of industries allows him to create legal content thats accessible and understandable for all audiences.
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What Is Police Harassment
Harassment may involve actions, gestures, making demands, or showing visual displays such as photographs that are intended to irritate or bother the victim in order to cause them to act in a certain way. There have been many cases of ordinary citizens who are harassed by law enforcement officers during questioning, search and seizure, and arrests. Granted, law enforcement officers have a right to stop and question anyone who they believe has committed or may be involved in a crime. However, every individual has a constitutional right to be protected against situations such as unreasonable search, interrogation without the presence of a lawyer, and unlawful detainment.
There are sometimes cases where police officers are involved in sexual harassment or sex-related violations on adults on minors of the opposite or same sex. Sexual harassment includes consensual sexual activity that occurred when a police officer was on duty. Other issues such as child molestation may be considered as police harassment.
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Report Harassment To Your Company
You might be reluctant to report the harassment to your company, but this is a crucial move as it demonstrates that you took the necessary steps to make your employers aware of the harassment.
Make sure to document these actions as well:
- If you need to make a written complaint, save copies
- If you report the harassment verbally, write down the names of anyone present including supervisors, HR managers, or any witnesses, as well as the time and date and the details of the conversation
Once you’ve exhausted all other options and you haven’t reached a positive outcome, proceed with filing a claim to the EEOC just make sure that it happens within 90 days of the first time you experienced harassment at work.
Bomb Threats By Telephone
If you receive a bomb threat over the telephone, Ready.gov provides the following information on what to do:
- Get as much information from the caller as possible. Try to ask the following questions:
- When is the bomb going to explode?
- Where is it right now?
- What does it look like?
- What kind of bomb is it?
- What will cause it to explode?
- Did you place the bomb?
The Department of Homeland Security also provides a helpful telephone bomb threat checklist.
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