what kind of lawyer do i need for cops violate rights

by Melba Lehner 9 min read

An experienced criminal defense lawyer or personal injury lawyer will be able to assist you when you are asking the question, "Can I sue the police department for violating my rights?"

Full Answer

What to do if the police violate your rights?

Filing a Lawsuit against the Police. If you feel the Police violated your rights and you want to file a lawsuit to collect money for your injuries, you should speak to criminal attorney immediately to learn more about your rights, your defenses and the complicated legal system.

Can a law enforcement officer deprive you of your constitutional rights?

A law enforcement officer cannot deprive any person of his/her constitutional rights. There is no requirement that the police misconduct be done in a manner to discriminate. Examples of criminal police misconduct include: Using excessive force. Sexual assault.

Can I sue a police officer for violation of my rights?

If a police officer violates a person’s rights under the Constitution or federal law, the person can file a civil lawsuit seeking damages in court. However, there are many requirements that must be met before a claim of this type can be successful.

Who can be held liable for police misconduct?

Victims may sue the individual officers, the supervisor of the officers, and the government that has employed them. The most common defendants in a misconduct claim, are the individual police officers. Suing the municipality can be difficult due to the Government Immunity Doctrine.

What are the traits of a good police attorney?

Some of the most important traits include experience, openness, and communication. Asking questions related to the amount of police misconduct and civil rights cases the attorney has handled and the outcomes of those cases can help you tap into the experience of your potential attorney.

What is civil rights lawyer?

Since one of the main purposes of civil rights is to protect individuals against discrimination and unfair treatment, a civil rights lawyer is an attorney who deals with discrimination claims.

Why are police misconduct cases based on a violation of freedom of speech?

Torture to coerce confessions. Civil rights derive from federal legislation and the Constitution, which is why many police misconduct and civil rights cases are based on a violation of freedom of speech, the right to due process, right to be free from unreasonable searches and seizures, and prohibition against cruel and unusual punishment.

What is the right to fair and equal treatment?

This means that everyone is entitled to fair and equal treatment in all areas of society, including education, employment, housing, and others. If those rights were to be violated, such as in the case of police misconduct and civil rights violations, the victim is entitled to legal action.

What are the rights of an individual?

As an individual in the United States, you are entitled to basic rights – civil rights. Though civil rights have been historically associated with the movement for social justice to provide African-Americans equal rights under the law, these rights apply to all individuals, no matter their race, religion, nationality, gender identity, ...

Is police misconduct considered a civil rights case?

Instances of police misconduct and civil rights violations are now at the forefront of the biggest societal issues in the United States. These cases are usually treated as civil rights cases, though there are instances where the misconduct is so egregious that they are treated as criminal cases .

What Kind of Lawyer Do I Need?

When you have a legal or legal-related issue, you may not know what kind of lawyer to talk to, or whether to talk to a lawyer at all. Sometimes instead of (or in addition to) talking to a private lawyer, you should contact the government, such as the police or the district attorney (DA), or another type of professional, such as an accountant.

How Do I Find Out What Kind of Lawyer I Need?

When you have a legal or legal-related issue, you may not know what kind of lawyer to talk to, or whether to talk to a lawyer at all. Sometimes instead of (or in addition to) talking to a private lawyer, you should contact the government, such as the police or the district attorney (DA), or another type of professional, such as an accountant.

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, ...

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 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.

Why is it important to contact a criminal attorney?

It is very important that you contact a criminal attorney if you think you might have a claim against a police officer or police department. It is critical that you gather and preserve as much evidence as possible. An experienced criminal attorney can assist you throughout the entire process, from gathering evidence and interviewing witnesses, ...

What to do if police violate your rights?

What to Do If The Police Violate Your Rights 1 The first step is to file a complaint with the police department or the internal affairs division of the police department where the officer is employed. It is generally a requirement that a person exhaust all administrative remedies before bringing a lawsuit; that means seeking a remedy from the agencies involved before turning to the courts; 2 After reporting to the police department, the next step is to report the misconduct to the U.S. Department of Justice or the office of the U.S. Attorney; 3 After the violations have been reported to the police department or the U.S. Attorney’s office, a person may then proceed to filing a lawsuit in court against the police department and/or their officers.

What happens if a police officer violates a person's rights?

If a police officer violates a person’s rights under the Constitution or federal law, the person can file a civil lawsuit seeking damages in court. However, there are many requirements that must be met before a claim of this type can be successful.

What are the types of damages that can be recovered from a police misconduct lawsuit?

The types of damages that one can recover in a police misconduct lawsuit include the following: Exemplary Damages: These are awarded where the police conduct amounted to an oppressive, arbitrary or unconstitutional action; exemplary damages are intended to serve as a deterrent to future wrongdoing.

What happens after a police officer reports a violation?

Attorney’s office, a person may then proceed to filing a lawsuit in court against the police department and/or their officers .

What happens if police abuse their power?

If the police abuse their power, they can face both civil liability and criminal penalties. One kind of police misconduct occurs when an officer violates a person’s constitutional rights.

What is misconduct in police?

Police officers can commit misconduct when they fail to follow proper procedures as designated by the police department for which they work. They might abuse citizens in the course of performing their duties physically or verbally and emotionally. They may use excessive force or ask for bribes.

What is civil police misconduct?

Civil Police Misconduct. A federal law makes it illegal for anyone acting under the authority of the law of any state to deprive a person of their rights under the U.S. Constitution or federal law.

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 police violate your rights?

If you believe that your rights were violated at some point in the process, the single most important thing you can do is to contact a criminal defense lawyer.

What is the police mandate in 2020?

March 10, 2020 by Avery Appelman. Police are tasked with upholding the law, but that doesn’t mean they can be authoritarian in how they dole out justice. Police have to adhere to specific laws and rights that are guaranteed to every US citizen, and if they don’t, you can get your charges thrown out even if the evidence against you appears clear.

Can police search your house?

Lying about an incident. When it comes to illegal searches, police must either have the person’s permission, have the person in custody or have a written warrant that allows them to search the area. Even then, they still can only search the specified area. So if the warrant allows them to search your house and police end up going ...

Is video evidence more trustworthy than a cop's version of events?

A cop’s word tends to go farther than a person’s word, but video evidence is more trustworthy than a cop’s version of events. Get Witnesses – If anyone witnessed the interaction or infraction, get their contact information. Your lawyer can reach out and get a statement that backs up your argument.

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 occurs when a police officer violates someone elses constitutional rights.
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Examples

  • There are several examples of police misconduct, including false arrest and imprisonment, perjury, police brutality and corruption, racial profiling, and the falsification and spoliation of evidence, among others. The most common of these misconduct claims are:
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Causes

  • Suing a police officer for emotional distress is also possible. However, it is on the victim to prove that the police officer acted intentionally or recklessly to cause the emotional injury, or that the police officer acted so negligently that their actions caused emotional distress.
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Administration

  • Before a citizen can proceed with suing a police officer, they must first go through the appropriate administrative channels. Most states actually require this prior to filing a lawsuit. Administrative law governs the activities of governmental agencies, and could include reporting the incident to the police departments division of internal affairs...
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Issues

  • 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. Governmental immunity plays a large role when suing the offending municipality.
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Significance

  • Because of how difficult the governmental immunity doctrine makes suing a municipality, suing a police officer supervisor is generally only feasible if they were directly involved with the incident in question. Typically, courts will not find a supervisor vicariously liable, or responsible for the actions of another person, such as a person they hired.
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Prognosis

  • The chances of success when suing a police officer depends greatly on the type of claim being made against the officer. Cases against abuse of power that have legal backing, such as civil forfeiture (or the legal confiscation of personal property without a warrant), are typically much more difficult to win.
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Effects

  • Property owners are at risk of losing their property without being convicted, or even charged with an offense, and the law is unfortunately stacked against those who have lost property to the police. Conversely, some see civil forfeiture as a tool utilized by the police to discourage organized crime involved in illegal drug trade, or other similar criminal organizations.
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Uses

  • Easier-to-prove lawsuits could include negligence, excessive force, or intent. For instance, if an officer fatally wounds an innocent bystander, but the officers body camera was not recording the incident, the question of intent would come into play. Wrongful death lawsuits, as well as homicide charges, are not uncommon as the law is less likely to protect police officers involved i…
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