What Is Considered Police Brutality
Police brutality is a form of police misconduct. It is the use of excessive physical force by a police officer or other law enforcement officials. It is essentially the use of force beyond what is reasonably necessary to arrest, apprehend, or question a suspect or any other person.
Police abuse is similar to assault and battery by a private individual. Police do not have the authority to unreasonably injure people simply because they have a badge and a uniform. In fact, they are trained to restrain from abuse whenever possible.
What To Do If The Police Violate Your Rights
It is important to proceed carefully in claiming that a police officer has violated a persons rights or engaged in criminal conduct of which a person is the victim.
- The first step is to file a complaint with the police department or the internal affairs division of the police department where the officer is employed. It is generally a requirement that a person exhaust all administrative remedies before bringing a lawsuit that means seeking a remedy from the agencies involved before turning to the courts
- After reporting to the police department, the next step is to report the misconduct to the U.S. Department of Justice or the office of the U.S. Attorney
- After the violations have been reported to the police department or the U.S. Attorneys office, a person may then proceed to filing a lawsuit in court against the police department and/or their officers.
It is important to remember that in a civil lawsuit it is the claimant who has the burden of proving that a police officer engaged in misconduct.
One issue that arises is whether to file suit in state or federal court. This can be a complex, technical legal question and that is why a person with a claim against the police for misconduct should consult an experienced criminal defense attorney.
The Limits Of Immunity: Bad Faith Conduct By The Police
Althoughboth the Arkansas and Colorado statutes provide civil and criminalimmunity to officers who make domestic violence arrests in good faithand for good cause, an officer who makes an arrest in bad faith losesthe protection provided by the laws. This officer may have to answer toa criminal charge and a civil suit. This means that an officer whonormally would be one of the prosecutor’s main witnesses in a domesticviolence prosecution might instead find himself charged as adefendant in a separate case and have to defend against allegations ofimproper or even illegal conduct. As for the original case against thedomestic violence suspect, the prosecutor may decide to make a favorableplea offer or even dismiss the case if the officer’s conduct wasparticularly questionable. So, while officers will normally be protectedfrom a lawsuit or criminal charges, arrests based on an officer’smaliciousness or other improper motive may cause the officer to losethose protections.
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Civil Rights And Police Misconduct
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Our Civil Rights/Police Misconduct practice areas include:
- Civil Rights Violations
Can I Sue The Police For Violating My Rights
Question & Answer
If the police did not respect your rights or caused you unnecessary harm, you may be able to sue.
Suing the police is a way to hold the police responsible for what they did. But going to court can be expensive and take a lot of time. It’s best to talk to a lawyer who practises civil litigation if you’re thinking about suing the police.
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How Do I Report Police Misconduct
If you feel that police have violated your rights, or youve witnessed police misconduct against someone else, do not panic. Its normal to feel intimidated. But responding to misconduct is an essential step towards protecting yourself and your community from future police abuse.
There are several steps to the process of combating police misconduct. You must approach them in a calm and organized manner.
Step 1: Write everything down
This step is extremely important and must be done as soon as possible after the incident. Its easy to forget small details over time, and theres no way to know which facts will make a difference later on.
In your own words describe everything that happened from the very start of the police encounter to the end. When quoting yourself or the officer try to use exact words. Be specific about the location, time of day, etc. Replay the events slowly in your head to help remember as many details as possible.
Also include witness names and contact information and the officers names, physical descriptions, car number, and badge numbers. If necessary, return to the scene of the incident to talk to possible witnesses. This might also help jog your memory about other important details.
Only include facts that youre sure about. Be very careful to avoid inaccuracies. These can easily damage your credibility and undermine your important work.
Step 2: Consult with an attorney
This step is essential if you were arrested following the incident.
How To Build A Case Against Your Local Police Department
If you believe you are a victim of any of the above-mentioned violations, you have a reason to file a claim against the police department in question. To successfully do this, there are some standard steps you are expected to follow:
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How To Sue The City
A state resident may want to sue the city for any number of reasons. For instance, you may sustain injuries in a slip and fall in a government building. Or, a pothole on a public might have caused serious damage to your car. Whatever the nature of the incident is, it is within your rights to sue the city and recover damages.
When Should You Sue The Police
Its important to know the specific incidents that present legal grounds for suing the police. These include:
- Harassment. This includes any form of intimidating or tormenting behavior, including racial profiling, verbal abuse, unlawful surveillance or spying, false arrest, and inappropriate sexist, homophobic or racial comments. In order to successfully file a harassment lawsuit, you must be able to show evidence of these behaviors by a police officer or the department.
- Discrimination. This has to do with any unfavorable treatment you receive because of your race, gender, religion, sexual orientation, national origin, pregnancy or maternity. If you believe you have been discriminated against for any of these reasons, you can file a discrimination claim against the officer or department in question. Specifically, you must be able to prove that this is a recurring issue to make your case.
- The violation of your fourth amendment rights. The US fourth amendmentprotects citizens from unlawful searches and seizures by the government or government officials. If your property is searched without a warrant, you have the right to sue for the violation of your fourth amendment rights.
- The use of excessive force. You can sue a police officer or the department he or she is under if you have been a victim of unnecessary force. In other words, you will have to prove that the force was unwarranted and the injuries you sustained were directly caused by such force.
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Filing A Complaint With The Police
Third, you may bring a public complaint against a police officer who is a member of either a municipal police service or the Ontario Provincial Police. The Police Services Act requires that complaints have to be in writing and signed by the complainant. This complaint can be submitted to the Office of the Independent Police Review Director , or to the chief of police of the police service involved. If you file your complaint with the chief of police, he or she will then forward it to the OIPRD. In 2009, the OIPRD replaced the Ontario Civilian Commission on Police Services for overseeing complaints about police.
Generally, for your complaint to be investigated three criteria must be met:
When Can I Sue The Police Department
As mentioned above, it is absolutely possible to sue an individual police officer or the police department because no one is above the law. Although police officers have powers to enforce the law, they must follow laid down guidelines and procedures in conducting their duties.
But it is no secret that some officers go too far when carrying out their duties violating the civil rights of citizens in the process. In such circumstances, victims have the right to seek legal redress through state and federal courts.
There are several examples of police misconduct, including harassment, false arrest, racial profiling, falsification of evidence, perjury, and police brutality. The most common forms of police misconduct include:
1. Harassment/discrimination
If you believe a police officer has subjected you to unfair harassment or discrimination, you can sue him/her. However, to sue an officer for discrimination or harassment, you must prove that there was a certain pattern of behavior other than a singular, isolated incident.
For instance, if the police officer has established a clear pattern of treating one group of people with undue force but not another group, you can claim that there has been a pattern of harassment and discrimination.
2. False arrest
False arrest is one of the most asserted claims against the police department. Individuals bringing forth this complaint argue that a police officer violated their Fourth Amendment rights against unreasonable arrest.
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Your Claims Against A Municipality
You may be able to recover from the local governing body â typically, a city â that employed the police officer. These are called Monell claims. To have a Monell claim, you must be able to show that a city policy or custom is the âmoving force” behind the use of excessive force. That can happen if the use of force results from:
- A formal regulation or policy statement
- An informal custom amounting to a widespread and essentially authorized practice
- The ratification by a final policymaker of the decision
- The failure to adequately train or supervise employees if that failure results from deliberate indifference to the injuries it may cause
In simple terms, a city may be liable if you can show that its policy or custom actually caused the police officer to use excessive force. This also is hard to do.
How Do I File A Police Misconduct Lawsuit
Lawsuits for police abuse include claims for violations of both federal and state laws. Many suits are filed in federal courts due to constitutional violations and civil rights violations. These include federal violations of:
- 42 U.S.C. § 1983 which states that peace officers who subject any U.S. resident to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws may be held civilly liable for those injuries.
- Fourth Amendment prohibiting excessive and unreasonable force as well as the denial of necessary medical care when the need for treatment was known.
State and local municipality claims are made for assault and battery, substandard training, and inadequate policies. Many state allegations are similar to the federal violations but are based upon Michigan laws and statutes.
To successfully prove a police misconduct civil lawsuit, the evidence must establish that the force used exceeded the level necessary for the purpose it was used.
This standard can be established by the use of an expert witness, who is typically a former chief law enforcement officer. Ultimately, it is up to a jury to decide if the officer and department should be liable for the allegations of misconduct.
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How Does Police Misconduct Affect A Police Case
Police misconduct can result in negative outcomes for a case or investigation. Misconduct in the form of fabricating or tampering with evidence may lead to a false arrest or conviction, as well as impeding an arrest from being made at all. Other times, it may hinder an investigation from being conducted in a reasonable time or manner. Evidence found through police misconduct may be deemed inadmissible during trial as well. Additionally, police misconduct can lead to a miscarriage of justice, or an error at trial which may lead to the conviction and punishment of an innocent person. Sometimes, police misconduct can be lethal when an officer kills someone without justification.
Wait For The Government’s Response
State and local laws dictate how long the city or local jurisdiction has to respond to your claim. If the government responds with a settlement offer, you may want to consult an attorney to help negotiate a resolution to your satisfaction.
But if the government rejects your claim, or fails to respond within the allotted time, then you can generally proceed with a full-fledged lawsuit.
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What Kinds Ofpolice Misconduct Will Give You The Right To Sue The Nypd
NYPDofficers must determine how much force is reasonable to use when apprehending asuspect based on the severity of the suspected crime, any threats posed by thesuspect, and their attempts to resist arrest. The use of unreasonable orexcessive force is often demonstrated by an officers misuse of a firearm, stungun or taser.
Itcan also include beatings or physical manhandling that result in grievousinjuries, lengthy detentions, and false charges that are not based on probablecause. A person might even have a right to sue the NYPD if an officer unreasonablystalks or harasses them solely because of their race or other characteristics.
Inevery case where these kinds of encounters lead to injuries, the specific factswill control the outcome of a lawsuit. If you have been hurt as a result of theuse of force by the NYPD, you can improve your chances of prevailing in yourlawsuit by keeping as much information as possible. This might include contactinformation from witnesses, cell phone photographs or video, and medicalrecords showing the extent of your injuries.
False Arrest And Imprisonment
The Fourth Amendment of the U.S. Constitution provides that a person has the right to be free from unreasonable seizures. This amendment applies to false arrest cases. A law enforcement officer may not arrest someone there is probable cause to believe that the person committed a crime.
False arrest occurs when your freedom of movement or your ability to leave a place is taken away from you. There must be reasonable suspicion to stop you or take you into police custody. An officer cannot arrest a person and come up with a reason for the arrest at a later time. If this happened, you may have the right to sue for a false arrest.
Examples of false arrests include making up false charges, racial profiling. Also referred to as a wrongful arrest, victims can sue the police department for recoverable damages in a false arrest lawsuit. The amount of damages is based upon a number of factors, including the basis used for the false arrest and the impact of the arrest on a persons life.
False imprisonment is when a person was unlawfully taken into police custody. There must be a legitimate reason to bring someone in for questioning or for temporary jailing. False imprisonment can be for a short time and does not have to be for lengthy incarceration.
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