The police have broad power to enforce our laws. Nevertheless, the Constitution and police misconduct laws place limitations on their power. If the police abuse their power, they can face civil liability and criminal penalties. One kind of police misconduct happens when an officer violates a person’s constitutional rights. A person whose constitutional rights have been violated by a police officer may be able to file a civil lawsuit seeking money damages.
Police officers can commit misconduct whether they are on-duty or off-duty. Suppose the officer is acting or claiming to act in their official capacity. In that case, police misconduct can be claimed if they commit a criminal act or violate a person’s constitutional rights.
Police officers can commit misconduct when they fail to follow the correct procedures designated by the police department for which they work. They might abuse citizens in the course of performing their duties physically or verbally and emotionally. They may use excessive force or ask for bribes. All of these can be the foundation for a claim of misconduct.
Police brutality can occur when an officer uses more force than a situation requires. A police officer should use only the minimum amount of force necessary to handle a person being arrested, prevent an incident, or protect themselves or others from injury. If an officer uses more than the minimum force necessary, then the officer has used excessive force. For instance, if an officer punches a suspect who is handcuffed or not resisting an officer’s commands, the officer would be using excessive force.
This behavior could give rise to a claim of police misconduct.
There are a variety of state and federal police misconduct regulations that might apply to specific instances of police misconduct. Depending on the nature of the misconduct, remedies for police misconduct might involve filing a complaint with the police department or the district attorney’s office in which the misconduct occurred or filing a complaint for damages in state or federal court.
Civil Police Misconduct
Federal law makes it illegal for anyone acting under the authority of the law of any state to deprive a person of their rights under the U.S. Constitution or federal law.
For instance, an officer who plants drugs on a person or in their car to arrest the individual for possession of a controlled substance has deprived them of their right not to be arrested without probable cause. Further, the police officer could be subject to a criminal charge of false arrest.
If a police officer violates a person’s rights under the Constitution or federal law, the individual can file a civil lawsuit seeking damages in court.
Nevertheless, many requirements must be met before a claim of this type can be successful. It is challenging to establish whether a right exists or that the individual who deprived another person of the right was acting “under color of law,” which is a technical legal term.
A person seeking relief under federal law for police misconduct should remember that the Eleventh Amendment of the U.S. Constitution provides limited immunity to police officers acting in their official capacity with state authority.
People who think that the police have deprived them of a Constitutional right should consult an experienced criminal defense lawyer to analyze the claimed misconduct and review options.
Criminal Police Misconduct
Police whose actions violate state or federal criminal statutes can be guilty of a crime, even if the officer was acting in their official capacity.
There are many possible examples of criminal police misconduct, including;
If a police officer is charged with a crime due to an incident in which a person is a victim, the individual may serve as a witness in a criminal trial. Nevertheless, the individual does not recover damages from a criminal trial and is not a party to the legal action. The person needs to file a civil complaint in state or federal court to recover damages.
What to Do If The Police Violate Your Rights
It is important to proceed carefully in claiming that a police officer has violated a person’s rights or engaged in criminal conduct of which a person is a victim:
- The first step is to file a complaint with the police department or the internal affairs division of the police department where the officer is employed. It is typically a requirement that a person exhaust all administrative remedies before bringing a lawsuit; that means seeking a remedy from the agencies involved before turning to the courts;
- After reporting to the police department, the next step is to report the misconduct to the U.S.
- Department of Justice or the office of the U.S. Attorney;
- After the violations have been reported to the police department or the U.S. Attorney’s office, a person may file a lawsuit in court against the police department or its officers.
It is necessary to remember that the claimant has the burden of proving that a police officer engaged in misconduct in a civil lawsuit.
One issue is whether to file suit in state or federal court. This can be a complex, technical legal question, and that is why a person with a claim against the police for misconduct should consult an experienced criminal defense attorney.
What Damages Might I Receive From Police Misconduct Laws?
Damages in a police misconduct lawsuit will differ depending on the severity of the misconduct and the nature of the injuries that a person suffers from such misconduct. The types of damages that one can recover in a police misconduct lawsuit include the following:
- Compensatory Damages: You will be compensated for such things as property damage, costs of medical care, loss of earnings if the person has missed work, and potential future loss of financial earnings;
- Aggravated Damages: Aggravated damages would be awarded in the exceptional case where the police conduct was particularly egregious; aggravated damages would be awarded where the officer’s conduct subjected a person to distress, embarrassment, and humiliation;
- Exemplary Damages: These are awarded where the police conduct amounted to an oppressive, arbitrary, or unconstitutional action; exemplary damages are intended to deter future wrongdoing.
Each kind of damage must be justified by the evidence presented at a trial.
What Is Prosecutorial Discrimination?
Prosecutorial discrimination is like any other type in the private sector, such as discrimination based on race, color, religion, sex, age, sexual orientation, or disability. Prosecutorial discrimination is discrimination committed by a prosecutor or in a government setting.
What Remedies are Available for Prosecutorial Discrimination?
If you have a successful complaint, you may be entitled to damages. Compensatory damages are awarded for the loss of future wages and emotional distress in addition to pain & suffering.
Punitive damages are allowed but are restricted to cases where the prosecutor discriminates with malice or reckless indifference to the individual’s rights. Both damages have a cap.
Other common remedies may include:
- Attorney’s fees.
- Court costs.
- Costs of expert witnesses.
- Rarely injunctive relief to reinstatement of the former position.
Do I Need a Lawyer for Help with Filing a Lawsuit Against the Police or a Prosecutor?
If you believe that the police or a prosecutor have violated your rights or have victimized you through criminal conduct, you may have a right to seek money damages for your injuries. It is essential to speak to an experienced criminal defense lawyer immediately to help you find your way through making a claim.
It is a challenge to succeed in claiming that a police officer committed misconduct, so you would want an experienced criminal defense attorney to represent you in a case of this kind.
The complaint process is complex, so consulting with a lawyer to discuss your options is wise. Speaking with the proper attorney experienced in prosecutorial discrimination cases will help educate you about your rights and preserve any legal remedies you may have.
