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.
Frequently Asked Questions About Police Misconduct
If your constitutional rights are violated than you can file a lawsuit against the wrongdoer. It really depends what rights were violated. If you don’t have large damages it will be hard to find a lawyer to handle the case on contingency. You may be able to get a non-profit entity to pursue the case …
The police can be sued for negligence. I have sued police officers for negligence in car crash cases. When that happens the city hires a lawyer to defend the individual police officer. When damages are paid or awarded the city or their insurance company puts up the money. My office in Jefferson County Kentucky handles …
You can sue a police officer personally. I have sued them and what normally happens is the police department or government hires a defense lawyer to handle the case. That defense lawyer will either resolve the case or have it go to trial. If damages are awarded or the case settles than the city or …
Police brutality is illegal from a criminal standpoint. It is also actionable in a civil lawsuit for damages. Damages include past/present/future emotional and physical pain and suffering, medical expenses, lost wages, and loss of future income. If you have been hurt from police brutality than speak to a personal injury lawyer.
What is considered police brutality? Can I sue for injuries by a police officer who was unnecessarily forceful with me or my child?
Police brutality occurs when the police do not use proportional force in a given set of circumstances. What that means is that the police need to respond to what is in front of them in a reasonable manner. There is no reason to take someone to the ground that does not pose a threat. Likewise …
There are laws against police brutality. The police can be charged with committing crimes in Kentucky. Police brutality normally refers to the police seriously injuring someone while executing their duties. The police aren’t allowed to use more force than is necessary. If they use excessive force than you could sue for damages. A personal injury …