Police misconduct occurs when an officer oversteps their legal jurisdiction and violates your civil rights. The scope of police misconduct covers but is not limited to:
- Excessive force
- Police brutality
- Inappropriate seizures
- Unlawful arrest
- Unlawful detention
- False prosecution.
Many people are uncertain when police misconduct happens to them, because they’re not sure what the police can and cannot do under the law.
If you or someone you know was harmed by police overreach, contact Libra Law Firm immediately at (888) 565-3214. Our experienced attorneys are personally committed to obtaining compensation for individuals and families suffering after police misconduct. We want to help you achieve justice while holding accountable those police officers who abuse their authority. Call us today.
Police Misconduct: An Overview
Police misconduct refers to any act by a law enforcement officer that breaches their legal authority and presents the public with undue danger. This misconduct goes beyond mere lateness or lazing during duty hours; it typically involves an infringement of departmental protocols, constitutional rights, or legal ordinance. Here are some instances:
- The act of arresting an individual without justifiable reason, also termed unlawful arrest
- Conducting a search on a person’s belongings without securing a search warrant or obtaining their permission
- Deliberate creation of false evidence
- Physical assault following a chase
- Requests for sexual favors in return for dropped charges or avoiding arrest
- The unwarranted shooting of an unarmed person
- Unjustified deployment of tasers, batons, police dogs, pepper spray, or other weapons
- False testimony under oath
- Coercion
- Neglecting to step in and safeguard individuals from violations of their constitutional rights by fellow officers.
Various Forms of Police Misconduct
Police officers can abuse their power in various ways. While not all of them involve physical harm, they can still lead to significant civil rights violations. To identify these forms of misconduct, it’s crucial to be aware of your rights and how to assert them. Consult with us at Libra Law Firm if you believe your rights have been breached by police officers.
Unjustified Police Shootings
We regularly hear of an alarming rise in police shootings. The use of firearms should be a measure of last resort, yet regrettably, it often isn’t. Numerous lives have been tragically lost due to this avoidable violence.
Excessive Force (Non-Lethal)
A delicate balance exists between lawful and excessive force. Consequences can be severe when an officer crosses that line to subdue a suspect. Although the increasing presence of cellphone cameras has highlighted this issue, instances of violence persist.
Search and Seizure Violations, Wrongful Arrest
While one would expect law enforcement to have an understanding of the Fourth Amendment, this is not always the reality. Unfortunately, certain officers may overstep their boundaries by conducting searches without warrants, or unlawfully detaining an individual without valid cause.
Taser Misuse by Law Enforcement
It can be challenging to determine the appropriateness of taser use. Increasingly, however, police officers are turning to their tasers to subdue individuals, even when such high-voltage shocks of 50,000 volts may not be warranted.
K-9 Dog Attacks
Police K-9 units have the potential to inflict lasting wounds and injuries. Did your situation really warrant an attack by a huge German Shepherd? In certain instances, the answer is likely no.
Prison Guard Misconduct
When you’re incarcerated, it can seem like your rights are taken away, but this is not all true. You have the right, for example, to be protected from abuse in prison. We can assist you in standing up against unlawful actions by prison guards.
Neglect of Inmates’ Medical Needs in Jail
Just because you’re in prison doesn’t mean you shouldn’t receive proper medical attention. Some prison authorities deliberately defy the law by disregarding inmates’ health. This can be grounds for a legal claim by the inmate.
What To Do If You Experience Police Misconduct
Document and Collect Evidence on the Spot
If you have a feeling that the police officer might engage in some form of misconduct, record the encounter on your mobile device. This may deter the officer from misbehavior.
If they persist in their unlawful actions, your recording will be compelling evidence to bolster your case should it be presented to a judge or jury. If feasible, capture images of the scene, the officer, their badge number, and their vehicle’s license plate or identification.
The officer may have recorded the encounter themselves using their body camera. However, accessing this footage can be challenging. A proficient civil rights attorney in Newport Beach can help you secure the footage through the appropriate channels.
If there were any witnesses to the incident, make sure to collect their contact details, such as their full name, phone number, email address, or street address. You might require their testimony in support of your potential police misconduct lawsuit.
Seek Medical Care If You’re Injured
See a doctor even if your injuries seem minor. Medical attention can offer crucial evidence for a future police misconduct legal action. Maintain copies of all documentation provided by your healthcare provider, which should include test results, photographs, diagnostic notes, and medical invoices. If any new symptoms develop related to your encounter with police misconduct, schedule a follow-up appointment with your doctor.
Enlist a Personal Injury Attorney
Police misconduct cases can be highly complex and extremely sensitive. Police officers have strong representation through unions that vigorously defend them, even when their wrongdoing is evident. If you’ve been a victim of police misconduct, it is imperative to retain the services of an experienced personal injury lawyer.
Seeking Compensation for Police Misconduct
Initiating a civil lawsuit against a police officer is no easy task, but a skilled police misconduct civil rights lawyer can make a significant difference. When an officer crosses the line by using excessive force or violating your constitutional rights, you may be entitled to compensation. Various types of damages can be awarded in such cases, such as:
Compensatory Damages
These cover various losses such as lost income (present and future), medical and hospital costs, funeral expenses in cases of wrongful death, as well as general pain and suffering.
Punitive Damages
Punitive damages are designed to penalize a police officer for especially gross misconduct. Note that many municipalities have immunity from such claims.
Civil Rights Violation Damages
If a police officer infringed upon your civil rights, you can pursue appropriate damages to address this violation.
Law Against Police Misconduct
US Code Title 42, Section 1983 prohibits anyone acting as a law enforcer from violating another person’s rights under the US Constitution or federal law.
Most commonly, civil cases brought under this statute pertain to unlawful arrest, illegal detention, false prosecution, or the use of excessive or unjustified force.
Police officers and law enforcement agencies commonly invoke the concept of “Qualified Immunity” when faced with allegations. This concept protects an officer when they perform their duties appropriately without infringing on a suspect’s rights. Law enforcement personnel are protected from legal proceedings unless their actions are found to be intentional, unreasonable, or harmful.
Don’t let this deter you from speaking to a civil attorney in Newport Beach. Police departments may raise defenses, but your civil rights are protected by law. A consultation with our attorneys can guide you on your best next steps towards justice.
How Libra Law Firm Can Assist You
Police misconduct can lead to false imprisonment, job loss, or even serious injuries. What’s more, the misconduct can be difficult to prove. Libra Law Firm has the experience, resources, and tenacity to build a solid case on your behalf, pursuing full compensation for what you suffered.
We empower you with an understanding of your rights and the available legal avenues following your incident.
When you work with us, we’ll strive to demonstrate that the officer’s actions went beyond reasonable limits, disregarded your constitutional rights, and led to physical harm or other forms of damage.
We will conduct a thorough examination of the details surrounding your case to pinpoint potential violations of civil rights, criminal behavior, or official misconduct that might have harmed you. Our team diligently investigates both the officer’s history and the agency’s established policies. We then develop the most strategic legal approach to pursue financial restitution for you.
With our civil rights attorney police misconduct team, you can take legal action to restore your reputation, safeguard your rights, and seek compensation for the losses you incurred during this challenging period.
Speak to an Newport Beach Police Misconduct Lawyer
If you’ve suffered from police misconduct, enlist the services of a seasoned civil rights attorney in Newport Beach. The police misconduct attorneys at Libra Law Firm are eager to listen to you, provide invaluable legal guidance, and pursue the compensation you’re entitled to.
Contact us today at (888) 565-3214 to arrange an initial consultation free of charge.
