lawyer who sued the police dept

What to do if you have been victim of police misconduct?

If an individual feels that he has been the victim of police misconduct then they can find the police misconduct lawyers Virginia and proceed with the legal formation. A lawyer can explain to you about your rights and responsibilities and also file for the damages you have suffered.

What are the consequences of police misconduct?

Then you or your family are eligible for financial compensation but for that you have to hire the best lawyers that sue police departments. Kinds of police misconduct involves: False imprisonment. Wrongful shooting. Illegal search.

What are the consequences of being a police officer?

Sometimes police authority can lead to serious consequences. It can sometimes cause death to you or your loved ones. Then you or your family are eligible for financial compensation but for that you have to hire the best lawyers that sue police departments. Kinds of police misconduct involves: 1 False imprisonment 2 Wrongful shooting 3 Illegal search 4 Excessive force 5 Police brutality 6 Racial profiling

What is the Civil Rights Act of 1964?

Civil rights lawyers against police near me have been granted by United states that are: Civil rights act of 1964- This act says that there should be no discrimination based on race, color, sex, or religion. First amendment act- This act provides the freedom of speech and also gives protection against retaliation.

Which amendment protects against retaliation?

First amendment act- This act provides the freedom of speech and also gives protection against retaliation. Fourth amendment act- Protects individuals from illegal searches and police brutality. Lawyers that sue police departments.

Can you sue the police?

It is not easy to sue the police because they are very smart and they know how law works. But they are not above the law though it is tough but hiring an attorney can help in it. There are many examples of police harassment that consist of false arrest, misbehavior, searching house or car without warrant, and many more.

How to file a complaint against a police officer?

If you sustained physical injuries or other damages, include medical and relevant reports in your complaint. Deliver a demand letter to the accused. After you compile evidence, draft up a demand letter and send it to the police department.

What is harassment in police?

This includes any form of intimidating or tormenting behavior, including racial profiling, verbal abuse, unlawful surveillance or spying, false arrest, and inappropriate sexist, homophobic or racial comments. In order to successfully file a harassment lawsuit, you must be able to show evidence of these behaviors by a police officer ...

What is the 4th amendment?

The US fourth amendment protects citizens from unlawful searches and seizures by the government or government officials. If your property is searched without a warrant, you have the right to sue for the violation of your fourth amendment rights. The use of excessive force. You can sue a police officer or the department he or she is ...

What is general damages?

General damages. If you experienced a loss for which a calculated cost cannot be easily obtained , you will be awarded general damages.

What is punitive damages?

You will be awarded punitive damages as a form of punishment to the defendant, and as a way of preventing other police officers from engaging in similar behavior.

Can you sue a police officer for excessive force?

The use of excessive force. You can sue a police officer or the department he or she is under if you have been a victim of unnecessary force. In other words, you will have to prove that the force was unwarranted and the injuries you sustained were directly caused by such force.

What happens if you sue the police?

If you sue the police for misconduct and win, you may be awarded damages, or monetary compensation, as restitution for the violation of your civil rights and any physical or emotional injuries. The court may also require the police officers and police department involved to pay punitive damages, which is meant as punishment for the misconduct.

What is police misconduct?

The police abuses and violations suffered by citizens that are most often litigated are known generally as police misconduct. These cases usually involve, but are not limited to, actions such as discrimination, harassment, false arrest, and excessive force. In order to sue the police for discrimination or harassment, ...

What is the law that protects citizens from abuse and other violations by government officials?

Federal and state laws protect citizens from abuse and other violations by government officials, such as police officers. Victims of abuse by police can sue the officers individually as well as the local governments that employ them. Typically, people sue the police under Section 1983 of the Civil Rights Act of 1871. This law is known simply as Section 1983, and it specifically prohibits anyone acting under the authority of the law from violating another person’s civil rights under the U.S. Constitution.

Why is it important to work with an attorney?

It is important to work with an attorney, especially one who is familiar with police misconduct cases, because they are complex and difficult to try in court. Also, if you have been charged with a crime as part of the incident; oftentimes, police will charge victims of their misconduct with a crime, such as resisting arrest or assault, ...

Who is Jeffrey Johnson?

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

What is false arrest?

False arrest claims usually assert that the victim’s Fourth Amendment right against unreasonable seizure was violated. To prove such a violation, the victim must show that the police did not have probable cause, or sufficient evidence to warrant an arrest. If the police had probable cause, or believed that they had probable cause, ...

What is Section 1983?

This law is known simply as Section 1983, and it specifically prohibits anyone acting under the authority of the law from violating another person’s civil rights under the U.S. Constitution. The police also enjoy legal protections, including “qualified immunity,” which generally insulates them from lawsuits.

Who is Lauren Wimmer?

Philadelphia civil rights lawyer Lauren Wimmer can review the evidence in your case and explain your legal options. To schedule your free consultation and case evaluation with an experienced attorney, please call today at 215-712-1212, or contact us online.

What is the purpose of punitive damages?

The purpose of punitive damages in cases like these is to discourage future wrongful conduct by police officers and police departments, and they are rarely awarded. Protecting Your Rights after the Police Violated Them.

Do police officers have probable cause?

You may also allege that the police officer who initiated the arrest did not have the necessary evidence, probable cause, or warrant to make a valid and legal arrest. However, if the police officer reasonably believed that he or she had probable cause, most courts will not determine that the police engaged in any unlawful activity.

Can a police officer use deadly force?

However, a police officer is allowed to use an amount of force which is proportionate to the amount of force being used against him or her. In some limited instances, a police officer might even be justified in using deadly force, assuming the victim used deadly force against the officer.

Can you sue a police officer for harassment?

In order to sue the police department for harassment or unlawful discrimination, you must demonstrate that a particular officer engaged in a pattern of harassing or discriminatory behavior. You could also sue the police department for false arrest. In that instance, you would likely contend that your Fourth Amendment right against unlawful searches ...

1 attorney answer

I do not really think that this is a civil rights complaint. Police departments have the authority to refuse to investigate or charge offenses all of the time and there is nothing that we as citizens really have as a recourse, except for asking the local District Attorney to look into it.

Christopher Daniel Leroi

I do not really think that this is a civil rights complaint. Police departments have the authority to refuse to investigate or charge offenses all of the time and there is nothing that we as citizens really have as a recourse, except for asking the local District Attorney to look into it.

What is outrageous conduct?

Extreme and outrageous conduct is actionable if the officer either intended to cause or recklessly disregarded the likelihood that the conduct would cause emotional distress. Conduct that is simply mean, spiteful, or uncaring normally isn't sufficient.

What is intentional emotional distress?

Intentional Infliction of Emotional Distress. Someone alleging that an officer intentionally caused emotional distress must generally show that: the officer's conduct was extreme and outrageous. the officer acted intentionally or recklessly, and. the conduct caused severe emotional distress.

What is extreme and outrageous behavior?

Conduct is extreme and outrageous when it goes beyond all possible bounds of decency; it is behavior that society won't tolerate. Conduct qualifies as extreme and outrageous when it would cause a reasonable person in a similar circumstance to suffer extreme emotional distress; it must be more than annoying, offensive, or humiliating.

Can you sue the police for emotional distress?

Generally, citizens can (successfully) sue the police for infliction of emotional distress in one of two instances, when an officer: intentionally or recklessly acts in a way that causes emotional injury or. causes emotional distress through a negligent act. But if the court determines that the conduct was within the scope ...

Risks

• It is absolutely possible to sue the police, because they are not themselves above the law. While it is difficult, it is definitely not impossible to succeed in a lawsuit against the police. Lawsuits against law enforcement typically involve some form of police misconduct. Police misconduct o…

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