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
AnswerCan I sue the police?
Suing the police is an option if they have engaged in misconduct by violating someone’s constitutional rights. It is difficult to succeed in a lawsuit against the police, but not impossible.
What kind of lawyer do I need to file a lawsuit?
You would need a civil litigation lawyer with experience litigating against municipalities and public entities.
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 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.
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...
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.
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, ...
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, ...
Brandon Alexander Robinson
You would need a civil litigation lawyer with experience litigating against municipalities and public entities.
Ginger Bayles Kelly
You would need a civil litigation lawyer to sue the police and/or state. I think your best bet would be to find a lawyer who can help you with a civil harassment restraining order or find help with better ways to complain as a witness in court. Perhaps the testimony wasn't strong enough to convict and the court issue a restraining order. More
Fred T Isquith
What you need is a pretty good civic try award to review your situation and the side whether there is a basis to sue
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.
Why are lawyers unwilling to represent you?
However, lawyers may be unwilling to represent you because of the nature of the case and/or lack of evidence. File an internal complaint with the police department. If your grievance is against a police offer, file an internal complaint with their department. This might present a chance for the accused to be disciplined in accordance ...
What to do if you don't receive a favorable response?
If you don’t receive a favorable response, you can go ahead and file a suit in small claims court. You must submit all the required papers before scheduling a court date. Prepare for the trial. Since you won’t be able to hire an attorney, make sure you come to court prepared and ready to present your case.
What rights do you have if you are searched without a warrant?
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.
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 ...
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.
Can a police department win a small claims court?
Even though taking a police department to small claims court can be daunting, it is possible to win. Even with laws like qualified immunity shielding police from some accountability, suing and winning against a police department is not impossible.
What is the law that prohibits people from sueing the police?
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.
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 are the legal protections for police?
Legal Protections for Both Citizens and Police. 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 ...
What is the role of an attorney in a police investigation?
In addition, an attorney will usually conduct an independent investigation that involves interviewing witnesses, interviewing doctors who treated you for any injuries you sustained, and obtaining police experts to testify about appropriate police conduct, which will help solidify your case.
What happens if you are charged with a crime?
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, in order to defend their behavior – it can impact your case tremendously.
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, ...
Why are police officers given protection?
Police are given this protection to enable them to perform their job effectively; the idea being that police have a difficult job, and if they had to constantly worry about lawsuits, then their ability to enforce the law would be inhibited.
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.
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:
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.
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...
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.
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.
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.
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.
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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