who is the attorney suing the republic police dept for wrongful death?

by Wilmer Waters 9 min read

Can you sue the police for a wrongful death?

Aug 12, 2020 · Wrongful death is a civil lawsuit brought against a party who caused the death of a family member. That means typically the party acted negligently or intentionally when causing a fatal injury. When these claims involve private individuals, companies, or non-profit organizations, they can involve just about any situation where serious mistakes ...

Is it difficult to sue the police?

Lawyers that sue police departments involves when you have been the victim of police misconduct which consists of wrongful arrest, unjustified police shootings etc. This all are the examples where police misbehave with the individuals. If you have been the victim of it don’t delay just come and meet the civil rights lawyer that sue police departments who will protect your …

Who is the rapper who filed a wrongful death lawsuit?

Jan 13, 2022 · Prominent civil rights attorney Ben Crump is representing the family of a teen who died in a dirt bike accident while being pursued by a cop. "We're here today to announce our filing of intent to sue the Boynton Beach Police Department over the wrongful death of 13-year old Stanley Davis III."

Can a victim sue a police officer for misconduct?

How to Sue a Police Department and Win If you’ve had a negative experience with the police, you’re probably wondering whether or not you can take legal action against them. Even though taking a police department to small claims court can be daunting, it is possible to win .

What are the allegations of wrongful death?

These injury or wrongful death claims could include allegations of: use of excessive force. denial of medical care. lack of training. While these are situations in which you may be able to prove a police officer’s actions resulted in a wrongful death, the standards of proof are high. There is a lot of leeway in defining what actions an officer can ...

What is wrongful death?

Wrongful death is a civil lawsuit brought against a party who caused the death of a family member. That means typically the party acted negligently or intentionally when causing a fatal injury. When these claims involve private individuals, companies, or non-profit organizations, they can involve just about any situation where serious mistakes ...

What law protects the surviving relatives from the death of a family member?

If local or state police caused the death of a family member, federal law ( 42 U.S.C. § 1983) may be used by the surviving relatives to seek damages. It states that law enforcement officers subjecting any U.S. resident to “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” may be liable for injuries.

How to contact Wapner Newman?

If you have lost a loved one in Pennsylvania or New Jersey and are considering a wrongful death lawsuit against police, please contact Wapner Newman today at (215) 569-0900 to schedule a free case evaluation. We represent wrongful death victims throughout Pennsylvania and New Jersey, and we have offices in Philadelphia, West Conshohocken, Allentown, and Marlton. Our attorneys have experience with wrongful death cases and can navigate the legal system for you. We’ll make sure you understand what’s happening with your case at each step in the process.

Can an officer be sued for wrongful death?

In cases of wrongful death from police shootings, if an officer is sued as an individual, the officer’s qualified immunity may be a problem for a plaintiff. It limits legal claims to when the defendant violated a “clearly established” statutory or constitutional right.

What is qualified immunity?

Qualified immunity has its limits, which can bring hope to those whose loved ones died as a result of police action in what may be a wrongful death. The U.S. Court of Appeals for the Fourth Circuit rejected qualified immunity as a defense in a West Virginia case in June. Defendants are a group of police officers involved in the killing of Wayne Jones in 2013. Forbes reports that he died after they tased, choked, beat, and shot him 22 times while he lay on the ground.

Can a government entity file a wrongful death claim in Pennsylvania?

Under Pennsylvania law, that’s not the case if a government entity is involved. State statutes limit wrongful death claims. The legislature has allowed law enforcement broad leeway in performing its role. As a result, there are many legal technicalities of filing a claim.

What to do if you have been victim of police misconduct?

If an individual feels that he has been the victim of police misconduct then they can find the police misconduct lawyers Virginia and proceed with the legal formation. A lawyer can explain to you about your rights and responsibilities and also file for the damages you have suffered.

What are the consequences of police misconduct?

Then you or your family are eligible for financial compensation but for that you have to hire the best lawyers that sue police departments. Kinds of police misconduct involves: False imprisonment. Wrongful shooting. Illegal search.

What are the consequences of being a police officer?

Sometimes police authority can lead to serious consequences. It can sometimes cause death to you or your loved ones. Then you or your family are eligible for financial compensation but for that you have to hire the best lawyers that sue police departments. Kinds of police misconduct involves: 1 False imprisonment 2 Wrongful shooting 3 Illegal search 4 Excessive force 5 Police brutality 6 Racial profiling

What is the Civil Rights Act of 1964?

Civil rights lawyers against police near me have been granted by United states that are: Civil rights act of 1964- This act says that there should be no discrimination based on race, color, sex, or religion. First amendment act- This act provides the freedom of speech and also gives protection against retaliation.

Which amendment protects against retaliation?

First amendment act- This act provides the freedom of speech and also gives protection against retaliation. Fourth amendment act- Protects individuals from illegal searches and police brutality. Lawyers that sue police departments.

Can you sue the police?

It is not easy to sue the police because they are very smart and they know how law works. But they are not above the law though it is tough but hiring an attorney can help in it. There are many examples of police harassment that consist of false arrest, misbehavior, searching house or car without warrant, and many more.

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.

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 is excessive force?

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.

What is the difference between harassment and discrimination?

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. Discrimination: Like harassment, there must be proof that the behavior is part of a pattern. Discrimination might be on the basis of race, ethnicity, gender, sex, ...

What is the 4th amendment?

Fourth Amendment Violation: The Fourth Amendment to the United States Constitution guarantees protection from unreasonable searches and seizures at the hands of the government. The police are considered agents of the government and are required to adhere to the protections in the Fourth Amendment.

What is government immunity?

Governmental immunity is a policy that protects governments and government agencies from lawsuits in many cases. The intent behind governmental immunity is to make it easier for governments to make decisions and take action without the fear of being sued for their conduct.

What is the immunity of a police officer?

Qualified immunity means that police officers are protected from being sued as long as they are acting within the guidelines of their job and not acting negligently or unreasonably.

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.

What is punitive damages?

You will be awarded punitive damages as a form of punishment to the defendant, and as a way of preventing other police officers from engaging in similar behavior.

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 ...

What is the 4th amendment?

The US fourth amendment protects citizens from unlawful searches and seizures by the government or government officials. 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. You can sue a police officer or the department he or she is ...

What is general damages?

General damages. If you experienced a loss for which a calculated cost cannot be easily obtained , you will be awarded general damages.

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.

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.
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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:
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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.
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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 or the Department of Justice.
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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.
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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.
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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.
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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.
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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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