While the vast majority of interactions between the police and the community are peaceful, a handful results in an adverse outcome. Being the victim of police misconduct could result in intimidation or brutality. If you experience police misconduct, you deserve compensation. Federal and state laws protect the public from police misconduct.
If you're a victim of police misconduct like excessive force, physical assault, or false arrest, you can file a civil rights lawsuit against the offending officer. We provide legal assistance and represent you in a lawsuit filed on your behalf by a professional police misconduct lawyer.
Our highly experienced attorneys and qualified team advocate for you, ensuring justice while protecting your constitutional rights. We'll get you a settlement to cover any medical expenses, defamation, or loss of income arising from police misconduct.
Police misconduct involves illegal actions and unethical conduct by police officers concerning their official duties. It can take many forms and lead to civil rights violations.
In California, victims of police misconduct can file a lawsuit under Section 1983 and recover damages through a 'Bivens' claim.
The United States Constitution has a bill of rights protecting citizens and residents from discrimination, police brutality, and abuse of power by government employees.
1. Fourth Amendment of the Constitution:
The fourth amendment protects Americans from arbitrary arrests, unreasonable searches, illegal seizures, and police brutality. Our law firm utilizes this amendment to fight unlawful convictions, warrantless searches, and wrongful arrests.
2. First Amendment of the Constitution:
This amendment guarantees five freedoms, including the freedom of speech, press, and petition. Our attorneys use this amendment in whistleblower cases to protect you from retaliation by government authorities.
3. Civil Rights Act of 1964:
This law protects you from police brutality due to ethnicity, race, color, gender, and religion. Police officers tend to commit transgression using an individual's racial profiling in stop-and-frisk cases. This act is especially helpful to attorneys handling such cases.
Police brutality and misconduct can occur in several forms. These unlawful acts result in civil rights violations, causing severe personal injury, mental trauma, and in some cases, wrongful death.
Let us represent you and seek justice on your behalf. We have lawyers specializing in police misconduct cases. Our attorneys will advise you on the legal recourse available to you. Here's a detailed list of the types of misconduct issued by the police.
Cases of excessive force are among California's most common causes of police misconduct. The term refers to the use of an excessive amount of force while arresting a suspect. An arrest can be unreasonable depending on the amount of force. Thus, violating your constitutional rights under the fourth amendment.
- The police officer uses excessive force on you when you're unarmed.
- A law enforcement officer traps your neck in a chokehold. In California, it is illegal to chokehold suspects.
- Police officers cause physical damage to you or your property.
- Excessive force results in wrongful death.
In California, police misconduct cases involving excessive force are taken seriously by the courts. A law enforcement officer can use deadly force only when 'necessary.'
- The suspect poses a threat to the officers.
- The suspect is armed.
- Suspect shows resistance to arrest or tries to escape.
This form of police misconduct refers to being detained by the police for an unlawful period without any explanation. Detainment at a traffic stop is a good example. If you experience a civil rights violation during detention, take legal action and hire a police misconduct attorney.
- You feel the detention was intrusive, overly long, and abusive.
- The confinement leads to arrest without any legally valid reason.
- You get arrested with officers using excessive force.
- Law enforcement officers knowingly use an invalid warrant.
- It's a brief encounter where the officer only asks reasonable questions under suspicion.
- The police officer searches the suspects to confirm the presence of a weapon.
- Detention leads to arrest due to reasonable causes.
The term "arrest" refers to the intentional restriction of a person's movement, compelling the individual to remain in place against their will. Sometimes an officer can use their authority to wrongfully arrest a suspect without a legal reason. This form of police misconduct is a civil rights violation under the fourth amendment.
- Officers are unable to show probable cause for arrest.
- Arrest is made without a warrant.
- The arrest warrant is invalid.
However, in some cases, the police officer can arrest the suspect without a warrant showing probable cause for their arrest. If a person commits a crime in the presence of an officer, an arrest can be made on-site without a warrant. In these cases, a police misconduct attorney cannot present the case as a civil rights violation.
Malicious prosecution is initiating a civil or criminal lawsuit against someone for intentionally harming the person. It violates the fourteenth amendment, and victims must prove it to achieve a favorable jury verdict.
- Malice caused the proceeding initialization.
- No probable cause is found.
- The accused officer commenced criminal proceedings.
Here are some more examples of police misconduct –
- Tampering evidence.
- Forcing for confession.
- Committing perjury.
- Misusing police dogs.
- Misusing police badges.
The jury denies the claim if the officers can prove probable cause.
Police misconduct can include racial profiling to harass and falsely arrest a person from a specific ethnic background. This form of police misconduct often occurs in stop-and-frisk cases. Officers may have prejudices against a person's ethnicity, gender, or religion, using them as an excuse for suspicion, harassment, and false arrest. A person's ethnicity is not sufficient evidence to prove reasonable suspicion.
If a police officer harasses someone based on their race, color, or class, it violates the following laws and rights.
- The Fourth Amendment protects you from illegal searches.
- The Civil Rights Act of 1964 protects against police misconduct due to race and color.
- The Fourteenth amendment ensures equal protection for every American.
Contact our California law firm if you feel the police violate your civil rights because of your race. Discuss your legal options with a qualified police misconduct lawyer and get the compensation you deserve.
Forms of sexual abuse include molestation, groping, assault, rape, and other violations. Usually, a detained or arrested suspect is the victim of verbal or sexual abuse by police officers. In most cases, the harassment occurs while the person is in custody or during a routine search. Sexual abuse is a clear violation of human rights, and the crime is a felony or misdemeanor, depending on the circumstances.
Sometimes the victim or their family may experience verbal abuse from the officer. Or, police officers may use their authority to oppress and offend the victim or their family members. Officers may sometimes use their badges or firearms to intimidate a witness or victim.
Contact our California law firm if you have been abused verbally or sexually by the police. Our police misconduct lawyers will handle the matter and help you receive justice.
There are two types of weapons used in shooting incidents with the police.
1. Deadly Weapons
Firearms, explosives, and knives are weapons capable of causing serious injury or death. According to US law, officers can use lethal weapons if they believe the suspect poses a threat of injury and death to others. An officer violates a person's civil rights when drawing or using these weapons without a valid reason. The offending officer is liable for wrongful death, injury, and other economic or non-economic damages.
2. Taser Guns
Although taser guns are non-lethal weapons, they can cause severe damage to their victims. A taser can cause physical, mental, and financial damages to victims. If you or your family are victims of an unjustified police shooting, contact our police misconduct lawyers to handle the legal matter and recover a financial settlement on your behalf.
Yes, you can sue the police for incompetence. Law enforcement officers have immunity from being sued or criminally accused. Nonetheless, you can sue an officer in a federal suit if the officer violates your constitutional rights.
A section 1983 lawsuit demands an injunction to claim compensatory damages for your mental, physical, and financial losses. Moreover, you can claim punitive damages for punishing the officer responsible for the misconduct.
Police misconduct can happen anytime, anywhere, resulting in emotional trauma and personal injury. We understand it can be intimidating and overwhelming to challenge authority, but you deserve the chance to fight back against police misconduct in court. Here are some tips from an experienced attorney for victims of police misconduct.
In most cases, you'll know if an officer violates your civil rights. The experience can be intimidating, frustrating, and sometimes aggravating. However, you need to remain compliant and stay calm during the ordeal.
There is no need to argue with the officer. It will likely escalate the situation, leading to severe consequences. Prioritize your safety at the moment, and take action later in the presence of your attorney.
You're allowed to film the incidents of police misconduct with your mobile phone. If you're comfortable, record the proceedings and save them in a safe folder as evidence. Act compliant when filming, and don't raise your voice or act erratically. It may give the police an excuse to escalate the situation. Save the fight for your day in court.
File a Report
Don't hesitate or be afraid to report police misconduct. Officers can face criminal charges just like any other citizen. While they have the immunity given by the state law, you can charge them for violating your constitutional rights. So, ensure you file a civil lawsuit soon after the incident.
Understand the Police Misconduct Laws
Since hundreds of false misconduct cases are filed against the police annually, state law protects police officers' rights. So, you need to understand your civil rights and the legislation around police misconduct.
Suppose a police officer tries to arrest you for no apparent reason and you resist arrest or run from them. In that case, you're lowering the chances of receiving a successful outcome during your court case, even if you're the victim of police misconduct. If you keep calm and co-operate with the police, your lawyer can bring the offending officer to justice.
Consult a Lawyer
Police misconduct claims can be considerably convoluted, challenging, and uncertain. You must hire a lawyer specializing in police misconduct to represent you in court and during legal proceedings.
At our California Law Firm, you'll find top-rated police misconduct attorneys. We'll evaluate your case, conduct an investigation, and file a lawsuit on your behalf. We handle all negotiations, and we'll represent you in court.
How Can a Police Misconduct Lawyer at California Law Firm Help?
When you're a victim of police misconduct, federal and state laws offer you justice and compensation for your damages. However, the legal process is time-consuming and complex.
Our California Law Firm provides a highly experienced and qualified attorney to attend to your case as their top priority. Our attorneys can assist you with the following particulars of your case.
• File a civil lawsuit and claim injunction as well as monetary damages.
• Recover lost wages with the help of Bovine's claim.
• File a complaint with the police department.
• Fire or suspend the offending officer.
Remember, settlements vary from one case to another. It's impossible to guarantee compensation without in-depth knowledge regarding your case specifics. Consult with our attorneys, and we'll discuss the merits of your case.
Suppose you're a victim of police misconduct or brutality. In that case, you can sue the officer and claim a financial settlement to cover your medical expenses, emotional distress, loss of income, and more. Hiring a police misconduct attorney gives you a way to fight back against abuse of power by the police.
Contact our offices. We'll arrange a free consultation to discuss your case. If we feel you have grounds for a lawsuit, we file on your behalf and start legal proceedings towards a favorable settlement. It's up to you to take action and speak the truth to power. Reach out to our firm and get the justice you deserve.