From excessive force to false arrests, various forms of police misconduct have shattered lives. Victims grapple with physical injuries, emotional trauma, and a profound loss of trust in the system meant to protect them. In the worst cases, families are left grieving after the wrongful death of their loved one due to police brutality.
At Libra Law Firm, we stand by those who have suffered at the hands of police officers. We fight tirelessly for justice and accountability, helping individuals and families claim the compensation they deserve. Our team is experienced in navigating the complex legal landscape of police brutality cases, and we leverage all our resources to build strong cases on behalf of our clients.
Speak to our police misconduct attorneys in a free and confidential consultation. Call Libra Law Firm today at (888) 565-3214.
What is Considered Police Brutality?
Police brutality is the excessive and unjustified use of force by law enforcement officers against civilians. It can take various forms, including physical violence, verbal abuse, and violations of constitutional rights. Some common examples of police brutality include:
- Excessive physical force: This can involve punching, kicking, choking, or using excessive restraints during an arrest or interaction, even when the civilian is not resisting or posing a threat.
- Deadly force: Law enforcers may use firearms or other lethal weapons when it is reasonably necessary to protect themselves or others from an imminent threat. Unfortunately, many police officers have applied deadly force when it was not necessary.
- Verbal abuse and intimidation: Examples are police officers engaging in derogatory language, threats, or intimidation tactics towards civilians, often based on race, ethnicity, gender, or other protected characteristics.
- False arrests: This means arresting individuals without probable cause or reasonable suspicion of a crime, often based on discriminatory motives or as a means of retaliation.
- Deprivation of medical attention: Individuals in police custody still have the right to medical care when they have sustained injuries or have known medical conditions. Denying or delaying necessary medical care to them is a violation of civil rights.
- Violation of constitutional rights: These are actions by police officers that curtail an individual’s rights, such as unlawful searches and seizures, denial of due process, or infringement of free speech and assembly rights.
It’s important to note that police brutality is not limited to physical violence alone. Any action by law enforcement that violates an individual’s civil rights or involves the unjustified use of force can be considered police brutality under the law.
Seeking Justice and Compensation for Police Brutality in California
If you or a loved one has been a victim of police brutality in California, you may be entitled to pursue legal action and seek compensation for the harm you’ve suffered. The following are some of the potential damages and legal remedies available:
Compensatory Damages
Compensatory damages are intended to make the victim “whole” again by providing monetary compensation for losses and injuries caused by the police misconduct. These can include:
- Medical expenses: Coverage for hospital bills, ongoing treatment, rehabilitation costs, and other medical expenses related to injuries from the excessive force
- Lost wages: Compensation for income lost due to being unable to work while recovering from injuries or attending legal proceedings
- Pain and suffering: Monetary compensation for the physical pain and mental or emotional distress caused by the traumatic experience of police brutality
- Loss of enjoyment of life: Compensation for the inability to participate in normal life activities and loss of quality of life due to the injuries sustained.
Punitive Damages
In cases of particularly egregious police misconduct, where the officers’ actions were malicious or oppressive, punitive damages may be awarded to the victim. These are intended to punish and deter such reprehensible behavior by law enforcement in the future.
Attorney’s Fees and Legal Costs
If you prevail in your police brutality case, the court may order the defendant to pay your attorney’s fees and other legal costs associated with bringing the lawsuit.
Injunctive Relief
In addition to monetary damages, the court may also order injunctive relief, which requires the violator to act a certain way or to stop a certain behavior. Examples of such relief are policy changes, improved training, or other measures to prevent future instances of police brutality within the department.
Filing a Civil Rights Lawsuit
One of the primary legal avenues for seeking justice and compensation for police brutality is filing a civil rights lawsuit under Section 1983 of the Civil Rights Act. This federal law allows victims to sue state and local government entities, including police departments and individual officers, for violations of their constitutional rights.
For a successful Section 1983 claim, you must prove that the police officer(s) deprived you of a constitutional right while they were acting “under color of law” (in their official capacity as law enforcement). Some of the most commonly violated constitutional rights are the right to be free from excessive force, false arrest, or malicious prosecution.
There are statutes of limitations (time limits) for filing a Section 1983 claim, depending on the specific area of law it falls under. For instance, if police misconduct injured you in California, your claim would be under personal injury, with a general time limit of two years from the injury date. If your family member was killed through police misconduct, your claim would be for wrongful death, whose statute of limitations is also two years from the date of death.
These statutes have exceptions that may shorten or extend the time limit. It’s crucial to consult with an experienced police brutality lawyer as soon as possible to protect your rights and ensure you meet the applicable deadlines.
Fearless Legal Services for Police Brutality Victims
At Libra Law Firm, we offer a wide range of legal services to support victims of police brutality. Our practice areas include:
- Excessive force claims: We represent clients who have suffered physical injuries or emotional trauma due to the unjustified use of force by law enforcement officers.
- False arrest and imprisonment: If you’ve been wrongfully arrested or detained without probable cause, we can help you seek justice and compensation.
- Malicious prosecution: In cases where law enforcement officials have initiated criminal proceedings without probable cause, we work to hold them accountable for their actions.
- Violation of civil rights: We fight to protect the fundamental rights and freedoms of our clients, ensuring that law enforcement respects the constitutional protections afforded to all citizens.
No matter the specifics of your case, Libra Law Firm is dedicated to pursuing every avenue of legal recourse available to you. We leverage our extensive knowledge of police procedures, regulations, and case law to build strong, compelling arguments on your behalf.
What Should I Do If I’ve Been a Victim of Police Brutality?
If you’ve been a victim of police brutality, it’s crucial to document the incident as thoroughly as possible. Take photographs of any injuries, collect the names and contact information of any witnesses, and file a formal complaint with the appropriate authorities. It’s also advisable to seek medical attention, even if your injuries seem minor, as this will create a record of the incident.
Can I File a Lawsuit Against the Police Department?
Yes, you may file a civil lawsuit against the police department or individual officers involved in the misconduct. These lawsuits can seek compensation for damages such as medical expenses, lost wages, emotional distress, and violations of your civil rights. It’s important to consult with an experienced police brutality lawyer to understand your legal options and the best course of action.
How Long Do I Have to File a Police Brutality Lawsuit?
The statute of limitations for filing a police brutality lawsuit varies depending on the specific circumstances of your case and the laws of your state. In California, the statute of limitations for personal injury claims, including police brutality cases, is generally two years from the date of the incident. However, there are exceptions and nuances to this rule, so it’s essential to consult with a qualified attorney as soon as possible to ensure your rights are protected.
Have You Been Brutally Harmed or Injured By a Police Officer? Seek Justice with Libra Law Firm.
At Libra Law Firm, we believe that every individual must have their rights upheld and be treated with dignity by those who are supposed to enforce the law. If you or a loved one has been a victim of police brutality, we encourage you to reach out to us for a free, confidential consultation. Our dedicated Newport Beach police brutality lawyers will listen to your story, evaluate your case, and provide you with a clear understanding of your legal options. Contact us today at (888) 565-3214 to schedule your free consultation and take the first step towards reclaiming your life.
