The Officer Deprived You Of Your Constitutional Rights
The second element is that the police officer’s actions deprived you of rights, privileges, or immunities guaranteed under federal law or the United States Constitution. In an excessive force case, the focus typically is, as noted above, on your Fourth Amendment right to be free of unreasonable searches and seizures . If the police use excessive force, they violate your constitutional rights.
If you can prove these elements, you have a section 1983 claim. And if the police acted maliciously or with reckless indifference to your rights, you could theoretically recover punitive damages .
No Basis In The Constitution
If all of that were written down in the Constitution or in a law, perhaps it would be OK. But its not. In fact, the multiple-appeals procedure is just as made up as qualified immunity itself.
Courts, and the Supreme Court in particular, simply held that police officers and other government agents have a special exception to the normal rule that there is only one appeal in a case. Why? Because, the courts said, it was unfair for officers who might be immune from suit to have to litigate a case to the end. But that analysis didnt take into account at all how unfair it was for the plaintiff.
Limiting this extraordinary and completely unjustified procedural protection would go a long way toward making qualified immunity less unfair. Courts should and can take action.
Raffi Melkonian is a partner at Wright Close & Barger LLP in Houston.
This column is part of a series by the USA TODAY Opinion team examining the issue of qualified immunity. The project is made possible in part by a grant from Stand Together. Stand Together does not provide editorial input.
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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What Can Be Claimed For After Police Misconduct
There are a variety of different things you can claim if youve been a victim of Police misconduct. These are some of the things you can claim for as part of police negligence claims:
- General damages this relates to the amount of police negligence compensation you will receive for your injuries and the pain and suffering you have endured.
- Care claim This refers to money you can claim if you have required assistance around the home whilst you recover. Also, the person who has cared for you will be able to make a claim.
- Loss of earnings You are able to claim for any loss of earnings that you have lost as a direct result of Police misconduct, as well as loss of any future income.
- Travel expenses These include any expenses going to and fro hospital, counselling etc, and also any vehicle adaptions you may have required or any alternative travelling arrangements you may have needed to make.
- Medical bills This will cover medical bills such as prescription fees, counselling fees, cost of treatment.
File A Noise Complaint
If your problem with the neighbor in question is the constant noise theyre making, you can file a noise complaint against that person. Whats important to note here is that you need to contact the police while the noise is in progress. Otherwise, you will be required to have some proof of harassment. You dont have to tolerate anythingeven if its just a noisy malfunctioning air-conditioner thats bothering you, you can file this complaint if your neighbor refuses to repair the device.
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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 :
Your Claims Against A Police Officer’s Supervisor
In some jurisdictions, you may have a claim against the police officer’s supervisor for their subordinate’s use of excessive force. This is called âsupervisory liability.” Although the Supreme Court has suggested that supervisory liability may not exist under section 1983, most lower courts still recognize at least some narrow form of the theory. But they differ widely in their views . You will need an experienced civil rights lawyer to help you if you choose to sue a police officer’s supervisor.
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What Happens In A Qualified Immunity Defense
The doctrine of qualified immunity protects police officers and other officials from being sued unless a plaintiff can demonstrate the officials violated “clearly established” law. Some say this strong protection from liability frees officers to do their jobs. Others point out that it immunizes bad actors from the consequences of their actions.
Leslie Herod and Mari Newman:Colorado took a revolutionary step to reform policing. Here’s how we did it.
Qualified immunity offers startling procedural benefits to government defendants. Just compare the way a normal lawsuit proceeds through the civil justice system with the way a lawsuit involving qualified immunity proceeds.
Like the retail store defendant, government officials can file a motion to dismiss a lawsuit brought against them. But unlike the store, if the motion is denied that is, if the court says the plaintiff can proceed with their lawsuit the government officials can file an immediate appeal to a higher court.
That appeal freezes the case in its tracks, maybe for years. If the plaintiff somehow wins that appeal and thats unlikely because the government usually wins then theres discovery.
After discovery, like the store, the officials can move for summary judgment. If they lose, they can appeal again, and again they can freeze the case for years during the appellate process. Only after that does the plaintiff get a trial. And the officers get one last appeal after trial, just like a normal defendant.
If You Think A Police Officer Has Broken The Law
If you believe that a police officer has broken the law, whether on duty or off duty, you can:
- complain to Police Scotland – the officer could be disciplined or, in rare cases, prosecuted
- ask for a criminal investigation – by contacting the Procurator Fiscal.
If you were injured in a violent crime, you could also claim compensation.
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Susan Spencers Claim Against Merseyside Police
We were able to settle Mrs Spencers claim at the meeting on 19 June as well.
Mrs Spencer, who witnessed the two police officers actions, later described the assault on her son as ferocious and savage. She was deeply disturbed by what she saw and was also affected by the CS gas which left her nauseous, disoriented, and with sore eyes.
She was also arrested at the scene for obstructing the police while she tried to protect her son from the assault. Susan had never been in trouble with the police before and in desperation accepted a caution so as to be released from the police station as soon as possible.
Susan asked me to sue the police for her. I issued proceedings and also entered into negotiations to settle her claim. The police initially offered £6000 and thereafter £8000.
At the round table meeting the police repeated their offer of £8,000, but we eventually agreed on £10,000 plus costs. She too is satisfied that it was worth her while taking legal action against the police and feels vindicated by the result.
I Work As A Police Officer Can I Claim Against The Police For Negligence
You can also seek police compensation if you work for the police. If you are a Police officer and have witnessed Police negligence you can make a claim. If it is you that has suffered due to negligence such as being injured whilst at work, then you have the right to make a claim.
Just give us a call and we will advise and help you in any manner that we can to make sure you get the payout you deserve from your police negligence claims.
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Speak With A Cop Accountability Lawyer
It is important to remember that when you sue a police department, theres a good chance that your case will be settled. The attorneys at Greenstein & Milbauer, LLP have extensive experience negotiating settlements in both police misconduct cases and they will work vigorously to resolve your case.
If you are considering suing a police department, you should immediately contact the skilled and experienced New York City Police Brutality attorneys at Greenstein & Milbauer, LLP.
The New York City Police Brutality attorneys at Greenstein & Milbauer, LLP are committed to holding the police accountable and will not hesitate to sue a police department. Our firms motto is Dont Be A Victim Twice. If you are considering suing a police department, call to schedule a confidential consultation. The call is free. The consultation is free. You dont pay us unless we are successful. Thats our Our Fee Guarantee No Fee Unless Successful. We are the cop accountability law firm. We will sue police departments and hold them accountable!
How Can Dpp Law Police Complaints Solicitors Help You
DPP Law will utilise all the expertise of our police complaints solicitors, and specialise in actions against the police. If you have been treated unfairly or unlawfully by a police officer, or your human rights have been breached e.g. excessive force, you can trust our team to handle your case with care and understanding. and well work to ensure you have the strongest case possible to make a claim against the police.
Get in touch with us today to speak to our experts, who are ready to help and are passionate in working to ensure you have the strongest case possible to get the best result.
In 2009, we represented a client from Bradford in a case of assault and false imprisonment, despite an earlier claim against the police being denied, allowing him to be granted a £15,000 settlement and a formal apology.
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Filing And Serving The Complaint And Summons
Once the complaint has been drafted in the proper style and format, the plaintiff will need to file it at the appropriate courthouse and pay the applicable filing fee. If a plaintiff has limited financial means, they may be able to qualify for a fee waiver/deferral and can ask the court clerk for a fee waiver application. Once the complaint has been filed, it will need to be served on the defendant.
In federal court, when you file your complaint, you also need to fill out a summons. The summons is the official legal notice that requires the defendant to appear and answer the charges in the complaint. The clerk should have a blank summons form available for you to fill out. You will also need to fill out a civil cover sheet.
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How To Sue The Police
If you believe police caused injuries, or violated your civil rights, how do you sue the police for compensation?
The answer isn’t as simple as you may think. Because police are government employees, they may be able to claim immunity from being sued for performing their official duties — unless you can prove their conduct was intentionally unreasonable.
Even if you feel your case is strong, some additional steps are required before you can sue the police. Here are some general guidelines:
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Reasons To Sue The Police
At approximately 1.30a.m., I heard someone banging on the front door and then my mum going to answer it. The noise was unbelievable if it had been any louder the door would have gone in.
I could not think who would be knocking on the door at that time of night.
I helped John and Susan Spencer sue the police in a civil compensation claim in which John received £40,000 and Susan £10,000, plus full legal costs.
The following case report is based on their account of an incident which occurred at the family home in the early hours of the morning of 8 August 2010 when they were visited by Merseyside Police officers. As you would expect, the police dispute this version of events. Both clients have consented to me providing this case report.
The Officer Acted Under Color Of Law
There are two elements of a Section 1983 excessive force claim. The first is that the police officer acted under âcolor of law.” This means that at the time they used excessive force, the officer was acting with power granted to them by a local government. In other words, they essentially were enforcing a law at the time they used force.
In determining whether an officer was enforcing the law, a court will look at all of the circumstances, including whether the officer:
- Was on duty at the time
- Was in their uniform
- Told you they were a police officer
- Used police-issued equipment
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Reach Out To The Cop Accountability Law Firm
The police misconduct and police brutality attorneys at Greenstein & Milbauer, LLP have the resources to sue police departments and hold police officers accountable for their actions. The police misconduct and police brutality attorneys at Greenstein & Milbauer, LLP handle all types of lawsuits against police departments and police officers.
The police misconduct and police brutality attorneys at Greenstein & Milbauer, LLP are committed to helping victims of police brutality or misconduct and will sue police departments and police officers.
Our firms motto is Dont Be A Victim Twice. If you are a victim of police misconduct or police brutality, call to schedule a confidential consultation. The call is free. The consultation is free. You dont pay us unless we are successful. Thats our Our Fee Guarantee No Fee Unless Successful. We are the cop accountability law firm. We sue police departments and police officers when they fail to protect and serve.
Can You Sue The Police
If your case is deemed a civil issue, you will have the opportunity to make a lawsuit. Suing the police can be an uphill battle, which is why legal advice and representation is highly recommended to have a successful case. The police officer in question will likely have a lawyer working against your claim, therefore it is important you cooperate with your own lawyer to gather any evidence or witness statements that will support your case.
If successful, you will likely receive a sum of money for your suffering. The police officer will be sanctioned and may be suspended or permanently unable to work in the police force.
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Unnecessary Bites Or Mauls By Police Dogs
In Nevada, police work alongside trained dogs known as K9 units. These animals assist the officers with police tasks, such as retrieving cadavers, search and rescue missions, narcotics and bomb searches, finding contraband items like guns, and tracking down suspects. Police officers often use these canines to apprehend suspects who do not want to be arrested voluntarily.
Sometimes, these police dogs get out of control and inflict serious harm and injury on the non-corporative suspects. It is not unheard of for these canines to cause fatalities. Victims of such atrocities have a constitutional right to seek compensatory damages from the police officer involved and their employers.
An unnecessary bite by a police dog amounts to the use of excessive force. Before reaching a verdict, the court assesses the severity of the dog bites. It also considers the threat level posed by the injured suspect. For instance, was the victim armed? How critical was it to apprehend the suspect? Did the police dog follow the officers command? And, did the law enforcement officer act maliciously when unleashing the canine units on the suspect?
Filing a Police Dog Bite Claim
Under Nevada laws, residents can seek compensation for unnecessary police dog bites. A victim of police dog bite injury can contest that his or her Fourth Amendment rights were violated and claim compensatory damages. The victim commences the claim process by filing a government tort claim.