i was assaulted by a police officer what type of lawyer do i need to sue

Often, persons assaulted by police are charged with a crime. Sometimes, baseless or trumped-up charges are brought to cover up what really took place and protect the police officers involved. Whatever the case may be, an attorney with both criminal and civil experience should be hired to handle both the criminal and civil matters.

Full Answer

Can a victim sue a police officer for misconduct?

Victims may sue the individual police officers involved in their case, the supervisor of those officers involved, as well as the government that has employed and regulates them. Most commonly, in misconduct claims, it is the individual police officer themselves being sued.

Is it difficult to sue the police?

It is difficult to succeed in a lawsuit against the police, but not impossible. Law enforcement is not above the law, and a victim of police misconduct has the option to sue the police, either by filing a complaint against an individual officer, their supervisor, or the department.

What are the grounds for a lawsuit against the police?

Excessive Force: Where a person has been the victim of excessive force by a police officer that resulted in serious injury or death, they have grounds for a lawsuit against the police.

How do I file a lawsuit against a police department?

When filing a lawsuit against an individual police officer, the plaintiff typically includes the police department as a defendant in the lawsuit as well. It is necessary to prove that the conduct that is the basis for the lawsuit against the department is part of a pattern of harassment, discrimination, or excessive force.

What is punitive damages?

Punitive damages are used to punish the offending officer and department and encourage future reform within the department to ensure that the misconduct does not occur again. The amount awarded in punitive damages depends on the severity of the offense.

Can you sue the police for harassment?

Police misconduct can present itself in various forms. A person can successfully sue the police for harassment if they are able to provide evidence proving that an officer either illegally spied, racially profiled or made discriminatory remarks against that person. Additionally, discrimination lawsuits can be filed if the individual can prove ...

Can you sue the police for excessive force?

Lastly, a person who was a victim of excessive force is able to sue the police. In any lawsuit against the police, extensive evidence must be presented in order to win, as police officers and departments can be notoriously challenging to overcome in court. However, with the right attorney by your side, your case will have a much higher chance ...

Can a police officer win a lawsuit?

An individual who has a case against a police officer can win various damages in a lawsuit depending upon the details of the case. A person can sue for economic damages if they believe that police misconduct cost them financially; lost wages can be awarded to compensate the victim if the incident caused them to lose employment time, ...

Can you sue a police officer?

An individual is eligible to sue the police if their civil rights have been violated by an officer. When police misconduct occurs, it is important to ensure that law enforcement is held accountable for their actions. While winning lawsuits against police officers is difficult, it is not impossible.

Can you sue the police for racial discrimination?

Additionally, discrimination lawsuits can be filed if the individual can prove a pattern of racial or sexual discrimination, or discrimination based off of one’s gender or sexual identity. A person can also sue the police for violating their Fourth Amendment rights, which protects them from illegal searches and seizures.

Can you sue a police officer for qualified immunity?

This does not mean, however, that a person cannot continue in a lawsuit against the police department. Rather, qualified immunity simply shields the offending officer from personal liability, meaning that a person cannot sue them directly.

Do I have a claim?

Do I have a claim? The first question many will ask is, "Do I have a claim?" However, it is not always an easy question to answer. Only a skilled civil rights attorney who specializes in police misconduct can accurately assess the strength of a potential claim.

Should I contact internal affairs?

Should I contact internal affairs? No! Do not contact anyone without first speaking to an attorney, any statements you make to internal affairs can be used against you later. Only your attorney should contact internal affairs.

Do I have witnesses or proof of what happened?

Do I have witnesses or proof of what happened? You will need to prove your claim to be successful in civil court. The way to do this is through video, witnesses to the incident, and pictures of any damage or injuries. Get peoples names, see if anyone recorded the incident on their phone and take pictures of your injuries.

What about my criminal case?

What about my criminal case? Often, persons assaulted by police are charged with a crime. Sometimes, baseless or trumped-up charges are brought to cover up what really took place and protect the police officers involved.

How much is my case worth?

How much is my case worth? It is possible to estimate how much a case is worth, however, a substantial amount of investigation must be done first. A potential claimant should be weary of an attorney who promises big numbers right from the beginning without doing any investigation.

James Donald Garrett

I don't know of any lawsuit for failing to make an arrest. You could hire a criminal lawyer who could interface with the police and find out what the problem is and put pressure on them if necessary to do their job. You nay also be misinterpreting what the police are telling you. More

David Ian Schoen

Are you holding something back from the police? Crime victims compensation form - Oregon Department of Justice: In the aftermath of a crime, the Oregon Crime Victim's Compensation Program works to ease the financial burden suffered by victims and their family members...

James Regan

Some evidence of the crime would typically be needed before an arrest is made. Try to locate any possible witnesses.

Christian K. Lassen II

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Michael R Crosner

You cannot sue the police department for not investigating a crime against you. Private citizens have no right to legally compel the police to investigate anything. However, if you could determine who it was that attacked you, you could sue them for the costs incurred as a result of your injuries. If the police won't tell you who that...

What to do if you are charged with assault?

If you have been charged with criminal assault or battery, you should contact an experienced criminal defense attorney immediately. They will be able to help you assert any available defense to the charges brought against you, defend you in court, and guide you through the entire criminal process.

What are the defenses to assault and battery?

The following is a list of defenses that may apply to civil or criminal assault and battery charges: 1 Self-Defense: The most well-known defense to assault and battery is that the defendant was acting in self-defense. This means that the defendant was the person initially attacked by the plaintiff and committed assault or battery to protect themselves. This may also open the plaintiff to a counter-suit for assault and battery by the defendant. Further, a person may also use reasonable force to defend another person in some cases; 2 Privilege: Some defendants may have a privilege to commit an assault or battery in some cases. For example, police officers have a privilege to use force to place a suspect under arrest; 3 Consent: In some cases a plaintiff may have consented to being in a place where the plaintiff would be assaulted or touched. For example, if the plaintiff was actively participating in a contract sport or at a sports event where the possibility of being hit by an object was a known risk, such as at a baseball game; or 4 Denial of Elements: As noted above, a victim must be able to prove all of the required elements of an assault and battery. Thus, when a defendant disproves one of the required elements, the charges or claims against them will fail.

What is privilege in criminal law?

Privilege: Some defendants may have a privilege to commit an assault or battery in some cases. For example, police officers have a privilege to use force to place a suspect under arrest; Consent: In some cases a plaintiff may have consented to being in a place where the plaintiff would be assaulted or touched.

What is victim compensation?

Victim compensation funds are provided through a government program in order to reimburse victims of violent crimes, such as assault or battery, as well as their families for out-of-pocket expenses and medical bills. Every state has some sort of victim compensation program; thus, it is important to look up the requirements for receiving funds ...

What happens when a defendant disproves one of the required elements?

Thus, when a defendant disproves one of the required elements, the charges or claims against them will fail.

What are the elements of a civil assault?

The elements that must be proved in order for a plaintiff to succeed in a civil suit for assault are as follows: There must be an intentional attempt or threat to inflict injury on a person.

How long does it take to respond to a civil lawsuit?

This means that you will have to legally respond to a civil lawsuit, once served, typically within 30 days, and deny the charges or assert any defenses available to you.

How to be successful in a lawsuit against the police?

In order to be successful in a lawsuit against the police, it is important that you have taken to protect your rights in court. First, save any evidence of police misconduct. This might include photographs or video, eyewitness testimony, or medical records if you suffered physical injuries.

What happens if you sue the police?

If you are successful in a lawsuit against the police and prevail at trial the available damages depend on the circumstances of the case: Economic Damages: if the court found that the police were guilty of misconduct, the plaintiff might be awarded economic damages to compensate for financial losses.

What is a successful police harassment lawsuit?

Harassment: A successful police harassment lawsuit requires evidence of a pattern of behavior on the part of the police officer or department. Harassment can include a variety of behavior on the part of the police, including illegally spying or surveilling, racial profiling, or making sexist, racist, or homophobic comments.

What is the basis for a lawsuit against a department?

It is necessary to prove that the conduct that is the basis for the lawsuit against the department is part of a pattern of harassment, discrimination, or excessive force. Without evidence of a pattern of misconduct, a lawsuit against the department is unlikely to be successful. Find the Right Criminal Lawyer.

What is excessive force?

Excessive Force: Where a person has been the victim of excessive force by a police officer that resulted in serious injury or death, they have grounds for a lawsuit against the police.

What is the purpose of a police officer's lawsuit?

It is intended to deter the officer from engaging in the behavior again. Police officers have some defenses available to them if they are sued. If the lawsuit is based on an allegation of excessive force, the officer can claim that their actions were reasonable based on the behavior of the plaintiff.

What are the rights of a person who is interacting with the police?

Any person interacting with the police is protected against violations of their civil rights. They have the right not to be harassed, discriminated against, or assaulted. They are protected from the use of excessive force and unreasonable search or seizure. When filing a lawsuit against an individual police officer, ...

What is the purpose of a civil assault lawsuit?

The purpose of a civil lawsuit is to provide compensation to the victim, to be paid by the perpetrator.

What is the difference between assault and wrongful act?

A wrongful act (intentional or otherwise) usually requires " damages " (injury or harm of some kind) in order to be actionable, and assault cases are no different. In an assault case, damages can include physical injuries and the cost to treat those injuries, lost income, and other more subjective harm. Here's a breakdown of the different kinds of damages that may result from an assault.

What are the elements of assault?

If you are going to file an assault lawsuit, there are a few main elements you must be able to prove: an intentional action on the part of the defendant. the defendant's intention to cause apprehension of harm, and. your resulting reasonable apprehension of immediate harm.

What is punitive damages?

Punitive damages for assault are designed solely to punish the assailant, and are only available in certain jurisdictions and under certain circumstances. As a general rule, an assault must be particularly outrageous or egregious to trigger the possibility of punitive damages.

Is assault a crime?

Most people likely think of "assault" as a crime, but it's also the kind of wrongful act that can form the basis of a personal injury lawsuit. Here's what you need to know.

Does liability insurance cover assault?

That's because no liability insurance policy will cover an intentional act like assault, so only the defendant will be on the financial hook. If you sue a defendant who has little in the way of assets, you'll soon find out that winning money in court isn't the same as collecting it.

Is a physical contact considered assault?

The simple fear of a harmful or offensive touching is usually enough for an assault to have occurred; if the touching actually occurs, the physical contact is usually considered a " battery " in civil law, although both claims are often made together. Learn more about assault and battery as personal injury claims.

How long can you sue for assault and battery in California?

In general, California’s statute of limitations to sue for assault and battery is two years from the date of the injury. However, especially in cases in which the extent of the plaintiff’s injuries is clear, it is often beneficial to file suit earlier, while memories are fresh. 9.

What is the requirement to be liable for assault in California?

To be liable under California’s assault law, the defendant must also have: Been aware that a reasonable person would have believed the threat, and. Had the ability to apply force to the other person. 1. In other words, the threat must have been credible.

What is punitive damages?

Punitive damages are available in assault and battery cases when the defendant acted with “fraud,” “malice” or “oppression.” 4. Generally, these terms mean that the defendant either: Injured the plaintiff intentionally, or. Acted with a conscious disregard of the plaintiff’s rights. The burden of proof for punitive damages.

What are the defenses to assault and battery?

The main defenses to civil charges of assault and/or battery include (but are not limited to): The defendant did not threaten or use force against the plaintiff. The plaintiff initiated or escalated the incident. The plaintiff was not scared (or a reasonable person would not have been scared).

Why did Joseph sue Kevin?

Joseph sues Kevin for assault and battery and asks for punitive damages. The jury does not award them because Kevin was not acting with a disregard for Joseph’s rights. But… if Kevin had waited outside Joseph’s house later that night and hit him with a baseball bat, the result would likely be different.

What acts can form the basis of a civil lawsuit for assault and/or battery?

Acts that can form the basis of a civil lawsuit for assault and/or battery include (but are not limited to): Simple assault, Simple battery, Battery causing serious bodily injury, Assault with a deadly weapon (“ADW”), Vehicular assault, Sexual assault, Sexual battery, or. Domestic violence.

What is the burden of proof for punitive damages?

The burden of proof for punitive damages. The right to punitive damages must be established by “clear and convincing evidence.”. California law does not specifically define this term. But it is a higher burden of proof than “preponderance of the evidence.”.