Every day there seems to be a breaking story about a police officer using excessive force against a civilian. And if you have been a victim of police brutality, you may want to sue the police officer and department responsible. Unfortunately, winning these sorts of cases can be difficult to prove under the best of circumstances.
However, even though it may be difficult, there are ways to successfully sue the department and get a little justice via the civil courts. You just have to be familiar with what the law allows and limits when it comes to the use of exessive force, by building a strong case, and being persistent throughout it all.
Legal Protections For Citizens and the Police
Thanks to the Civil Rights Act of 1871, namely Section 1983, anyone who feels that their civil rights were violated by anyone acting with authority under the law can seek legal restitution. In other words. If a civilian feels a police officer acted in a way that infringed on their rights they have the right to sue the officer or the entire department.
However, it is also important to note that the police benefit from something called qualified immunity. This means that due to the difficult nature of the job, police officers are given the right to perform their job efficiently and effectively without the constant need to fear lawsuits. So, if they feel someone is resisting arrest, they can use force and if they feel threatened in any way, they can use deadly force.
What this means for people who are seeking to sue the police for using excessive force is that it can be a daunting task to prove.
Understanding The Rule of Police Misconduct
First, you need to understand most cases of excessive force fall under the blanket term “police misconduct”. Other abuses which can be included in discrimination (i.e., racial profiling), harassment, false arrest, and, of course, excessive force.
Unfortunately, as we discussed above, proving police misconduct can be difficult. However, here are some tips on how to prove you are a victim of misconduct:
- To prove discrimination or harassment there needs to be documented proof that this is an ongoing pattern of behavior
- To prove a false arrest there needs to be proof that your 4th Amendment rights were violated in some way
- To prove excessive force you need to prove the officer, or officers, used force that resulted in serious injury or death
Remember, in civil court it is up to you to prove your case. This means you need to be extra thorough when collecting evidence and presenting your case.
Your Next Steps
Now that you understand what constitutes police misconduct, you have a better understanding of the next steps you are able to take.
Before you do anything else, talk to a civil rights lawyer. For example, if you have been seriously injured due to excessive force, getting legal advice can help you figure out what your next steps are and help build your case against the police officer responsible.
This is especially important if you are also being charged with a crime because the officers will try to pin the use of excessive force on you by claiming it was necessary due to the circumstances surrounding your arrest. Most civil rights lawyers will be able to help you navigate both the civil and criminal cases together.
Keep as much evidence as you can. If you suffered an injury caused by a police officer, Justin Kimball from Preszler Law Firm (https://www.preszlerlaw-ns.com/) says to be sure to document as much information about the incident and the officer as possible.
Get the names, phone numbers, other contact details, and addresses of any witnesses to the incident you can. This may take a little leg work, depending on where it occurred. You may need to take out an ad in the local paper or go door to door if it was in a commercial or residential area.
Filing the Complaint
On top of filing a complaint with the courts, also file one with the police department, the United States Department of Justice, your State’s Attorneys General office, and the United State’s Attorney General’s office. Do this with the guidance of your lawyer because these complaints could help or hinder your case depending on the facts and how you present them to each office.
Don’t forget about the other officers at the scene. Even if they weren’t involved directly with the use of excessive force, if they didn’t intervene they can be liable to you too. This is because by law any officer who witnesses another officer violating anyone’s constitutional civil rights is obligated to step in to protect those civil rights.
Be Prepared For an Uphill Battle
As we said earlier, civil cases against police for excessive force can be hard to prove and even harder to win thanks, in part, to qualified immunity. However, this doesn’t mean you shouldn’t try to sue them. It just means you should be prepared for an uphill battle that can, at times, seem like it is not worth it.
Your best chances to win are to follow these steps and, more importantly, the advice your lawyer gives you. After all, they are there to do everything in their power to get the results you are looking for.
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