i am an attorney who sues the police

Civil rights laws allow lawyers that sue police departments to pursue punitive as well as compensatory damages as incentives for victims to enforce their rights. If you’re thinking of suing the police department, you need to prove that the officer demonstrated wilful and unreasonable conduct in the execution of his duties.

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Can I sue the police?

 · If you’re building a case to sue the police, you should speak to a civil rights activist right away. Suing the cops can be an arduous task because of the particular legal protections that apply to officers of the law. Be sure to preserve any evidence and file complaints within the police department. Almost there!

How do I file a lawsuit against a police department?

 · Philadelphia civil rights attorney Lauren Wimmer is committed to holding the police accountable and will not hesitate to file a claim against any law enforcement agency if the facts warrant it. To schedule a free consultation with Ms. Wimmer, call …

Do I need a lawyer to file a complaint against the police?

The area of civil rights, and in particular police misconduct, is a small niche area of the practice of law. Most licensed lawyers will be inexperienced in civil rights law. There are only a handful of competent civil rights plaintiffs’ lawyers in West Virginia who regularly handle these types of …

What are the grounds for a lawsuit against the police?

 · 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. ... You cannot sue the police department for not investigating a crime against you. Private citizens ...

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 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.

Where to file a complaint against police?

File complaints with the police department involved as well as the United States Department of Justice and the United States Attorney General’s office. You will want to do this with the guidance of your attorney, as these complaints may help or hurt your case depending upon the specific facts of your situation.

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.

Why is it important to work with an attorney?

It is important to work with an attorney, especially one who is familiar with police misconduct cases, because they are complex and difficult to try in court. 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, ...

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.

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, ...

What is the law that allows people to sue police officers?

Section 1983 of The Civil Rights Act of 1871. Individuals who believe that they are the victims of excessive force by a police officer may sue the officer individually – as well as the police department that employs the officer. When private citizens sue a police department, they typically do so pursuant to Section 1983 ...

What do you need to know about suing a police department?

What You Need to Know About Suing a Police Department. If you’ve been the victim of police brutality or other unlawful police action, it’s easy to feel helpless. After all, the very people who are supposed to protect you from harm are the ones who violated your rights. Fortunately, you may have options.

Why is it important to keep in mind that the police departments have been known to protect their own?

It’s important to keep in mind that the police departments have been known to protect their own, so you should tread carefully when making reports regarding alleged police brutality or other wrongdoing.

What to do if you believe the police have violated your rights?

If you believe the police have violated your rights, there are certain steps that you should take to protect your rights in the future. The most important of these include the following: Save all evidence – You should make sure to save all evidence which could shed light on exactly what occurred during the incident.

What is the victim's responsibility in a police case?

In addition to showing that the police officer (and by extension the police department) are at fault, the victim must also be able to show that he or she suffered injuries or damages as a result. The victim may allege, for example, that as a result of excessive force by the arresting police officer, he or she should recover medical bills and damages for physical pain and suffering incurred.

Can a police officer use deadly force?

However, a police officer is allowed to use an amount of force which is proportionate to the amount of force being used against him or her. In some limited instances, a police officer might even be justified in using deadly force, assuming the victim used deadly force against the officer.

When arresting a police officer, do you contend that the officer used excessive force?

Finally, you contend that the arresting police officer used excessive force when arresting or chasing after you. This is especially true if you suffered a serious injury which you contend was caused by the officer’s excessive use of force.

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 did the officer know about the plaintiff?

the officer knew that the plaintiff was particularly susceptible to emotional distress

What is an example of a federal case where an officer was attempting to arrest a suspect for passing checks on

For example, in another federal case, an officer was attempting to arrest a suspect for passing checks on a closed account. The officer allowed the suspect's mother to go into the house and retrieve bank records proving that the account wasn't closed.

Do courts require physical harm?

Courts are more likely to require physical harm in negligent infliction of emotional distress cases. But even if it's not required, physical harm resulting from emotional distress, such as ulcers, headaches, or a miscarriage, will make it easier to prove the case.

Do you have to have physical injury for emotional distress?

Physical Injury. Ironically enough, some states require physical injury for emotional distress suits. This injury might be directly caused by the officer's conduct or a physical manifestation of emotional suffering. Courts are more likely to require physical harm in negligent infliction of emotional distress cases.

What is outrageous conduct?

Extreme and outrageous conduct is actionable if the officer either intended to cause or recklessly disregarded the likelihood that the conduct would cause emotional distress. Conduct that is simply mean, spiteful, or uncaring normally isn't sufficient.

Can an officer be held liable for a negligent act?

But if the court determines that the conduct was within the scope of the officer's law-enforcement duties, that officer is generally immune (and can't be held liable).

Can you sue the police for emotional distress?

Generally, citizens can (successfully) 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. But if the court determines that the conduct was within the scope ...

How to prove negligence against a police officer?

You need to prove negligence by showing that the facts meet each of these elements: The officer owed you a duty of care. The officer almost always owes a duty ...

What are the damages for being a police officer?

These damages could include: Medical expenses for doctor or hospital visits, assistive devices, diagnostics, therapies, or other treatments related to the injury.

Why do police officers owe duty of care?

The officer almost always owes a duty of care because it’s their job to protect you from harm. The officer is obligated to respect your civil rights and avoid more than a reasonable amount of force. The officer breached their duty of care.

Can an officer exert more force than necessary?

An officer can’t exert more force than necessary in a way that would cause injury. This standard applies to any law enforcement officer, whether they’re a member of your local municipal police force, a county sheriff, FBI, or any other government-funded law enforcement agency.

Can police use force without taking the safety of the individual into consideration?

Within the level of physical force that a police officer is allowed to exert , they may not exert force without taking the physical safety of the individual into consideration. In other words, force can be used to subdue a person who is threatening harm or violence to a police officer or civilian, but only to the extent required to prevent ...

What is the degree of force that police officers use?

Police officers may use the degree of force necessary to maintain control of an incident, make an arrest, or protect themselves or another person (or the public) from harm.

What is the job of a police officer?

A police officer’s job is to enforce laws and protect the public welfare, which is a huge responsibility. It also means that there are times when a police officer is acting in what they believe is appropriate for the situation, but someone still becomes injured. In this post, we’ll discuss what legal rights you may have if you or ...