Police Misconduct

What are the different types of police misconduct?

Police misconduct refers to inappropriate conduct and or illegal actions taken by police officers in connection with their official duties. Police misconduct can lead to a miscarriage of justice and sometimes involves discrimination and or illegal motives of segregation combined as obstruction of justice. In order to sue the police for discrimination or harassment, the victim must show that there is a pattern of this behavior; one incident of discriminatory or harassing conduct is not enough. False arrest claims usually assert that the victim’s Fourth Amendment right against unreasonable seizure was violated. Types of misconduct include coerced false confession, intimidation, false arrest, false imprisonment, falsification of evidence, spoliation of evidence, police perjury, witness tampering, police brutality, police corruption, racial profiling, unwarranted surveillance, unwarranted searches, and unwarranted seizure of property.

Can you sue the police for emotional distress?
Citizens are able to 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.

Can you sue police for harassment?
In order to sue the police for discrimination or harassment, the victim must show that there is a pattern of this behavior; one incident of discriminatory or harassing conduct is not enough. False arrest claims usually assert that the victim’s Fourth Amendment right against unreasonable seizure was violated.

Can I sue the police department for false arrest?
In order to prove a false arrest claim you must show 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, then most courts will not find a Fourth Amendment violation.

Can I sue the police for excessive force?
In order to claim excessive force, you must show that police used unreasonable force under the circumstances in dealing with the victim where the victim typically suffers serious injury or death. It is up to the victim to prove excessive force and show that his or her particular situation did not call for the amount of force used by police.