Many different actions can be considered acts of police misconduct. These include physically violent actions like:
Perhaps the most obvious way police misconduct can hurt you is by causing you to suffer an injury. A violent beating can result in burst blood vessels and broken bones while a prolonged chokehold can cause you to suffer brain damage from depriving your brain of oxygen.
If you suffered physical harm and related financial damages at the hands of an errant police officer, you have the right to seek compensation for these damages through a police misconduct claim.
Police misconduct cases are particularly troubling because the purpose of law enforcement is to ensure the safety of civilians. Although establishing a police officer’s liability can be difficult, it is not impossible if the injured party has access to sufficient evidence, including video recordings, so if you are an Ohio resident ...
If, after applying these factors to the specific case, a court determines that a situation did not warrant the use of the amount of force used by the officer, then the officer loses their immunity and can be sued.
Types of Police Misconduct. Some of the most common claims of police misconduct involve allegations of excessive force, malicious prosecution, and false arrest. Of these three, the use of excessive force is especially concerning as it can lead to serious injuries and in some tragic cases, even death. For instance, some of the most commonly reported ...
While most police officers valiantly protect the public, some commit egregious violations against civilians. These individuals can and should be held accountable for their actions, so if you are victim of police misconduct, you should speak with an experienced civil rights attorney who can explain your legal options.
Police officers have immunity from suit as long as they act within the scope of their authority. When they step outside the bounds of this authority, however, they can be held accountable for their actions. For example, as part of their discretionary authority, police officers are permitted by law to use the degree of force that is necessary to subdue a person who is under arrest. When this reaches the level of excessive force, it constitutes a violation of the Fourth Amendment right to be free from unreasonable seizures. Unfortunately, defining what amount of force qualifies as excessive can be difficult because it varies depending on each situation.
Police misconduct covers an array of behavior by law enforcement that is in contravention of the police sworn duty to protect the public and the rights of individuals in the exercise of their duties. Police who commit misconduct can be subject to criminal prosecution and civil litigation.
For a victim of police misconduct to overcome the presumption of immunity, the alleged misconduct must be extreme or beyond what is considered reasonably acceptable, in violation of personal or civil rights, and resulted in injury or damage to the victim.