Police Liability for Damages Lawyers

Law enforcement officers are always working tirelessly to ensure that individuals are following the laws. Law enforcement officers, however, are also required to follow the laws which govern them.

One main function of law enforcement officers is to gather evidence and to obtain information. Law enforcement officers are required to follow the United States Constitution anytime they are performing their duties as peace officers.

What Constitutional Amendments Apply to Police Officers?

There are 3 main Constitutional Amendments that apply to the duties of law enforcement officers. Constitutional law for law enforcement officers can be found in the following Amendments:

• The 4th Amendment;
• The 5th Amendment; and
• The 6th Amendment.

Law enforcement officers are not permitted to use evidence in a defendant’s criminal case if they violate one or more of their constitutional rights. Criminal defense lawyers will be able to argue that the law enforcement officer violated the defendant’s constitutional rights and any evidence gathered may be prevented from being used in court.

What is Police Misconduct?

Law enforcement officers have broad power to enforce the laws of our country. It is important to note, however, that police misconduct laws as well as the Constitution place limits on those powers.

If law enforcement officers abuse their powers, they may face both criminal penalties and civil liability. One type of police misconduct occurs when a law enforcement officer violates an individual’s constitutional rights.

An individual whose constitutional rights were violated by a law enforcement officer may be able to file a civil lawsuit that seeks compensatory damages, or money compensation. Law enforcement officers may commit misconduct whether they are on duty or off duty.

If the law enforcement officer is acting, or claims to act, in their official capacity, police misconduct may be claimed if they commit a criminal offense or violate an individual’s constitutional rights. Law enforcement officers may engage in misconduct if they fail to follow the proper procedures which are designated by the police department for which they work.

Examples of conduct which may form the basis for a claim of misconduct include:

• Abusing citizens in the court of performing their duties;
  • This may include verbal or emotional abuse;
• Using excessive force; and
• Requesting a bribe.

Police brutality may arise if a law enforcement officer uses more force than the situation requires. Law enforcement officers should only use the minimum amount of force that is necessary to:

• Handle the individual who is being arrested;
• Stop the incident from taking pace; or
• Protecting themselves or others from harm.

If the law enforcement officer uses more than the minimum force which is necessary, that officer has used excessive force. One example of excessive force would be if a law enforcement officer pushes a suspect who is handcuffed or who is not resisting commands.

There are numerous state and federal police misconduct laws which may apply to specific instances of police misconduct. Depending upon the nature of the misconduct, the remedies for police misconduct may include:

• Filing a complaint with the police department;
• Filing a complaint with the office of the district attorney in the jurisdiction where the misconduct occurred; or
• Filing and complaint for damages in state or federal court.

What is Civil Police Misconduct?

Federal laws make it illegal for any individual acting under the authority of the law in any state to deprive an individual of their rights under the United States Constitution or federal law. For example, if a law enforcement officer who plants drugs on an individual or in their vehicle in order to arrest them for possession of a controlled substance has deprived the individual of their right not to be arrested without probable cause.

Additionally, the law enforcement officer may be subject to a criminal charge of false arrest. If a law enforcement officer violates an individual’s rights under the Constitution or federal law, that individual may file a civil lawsuit that seeks damages in court.

There are, however, numerous requirements which must be met before a claim of this type can be successful. It may be challenging to establish that a right exists or that the individual who deprived the other individual of their right was acting “under color of law,” a technical legal term.

An individual who is seeking relief under federal law for police misconduct should note that the 11th Amendment to the United States Constitution provides limited immunity to law enforcement officers acting in their official capacity with state authority. An individual who believes that a law enforcement officer has deprived them of a Constitutional right should consult with an experienced criminal defense lawyer to analyze the claimed misconduct and review available options.

When Can the Police be Held Liable for Damages?

A law enforcement officer may be held liable for damages if they:

• Fail to perform their duties;
• Perform their duties negligently;
• Abuse their power; or
• Use excessive force.

There are two main categories of police liability:

• Liability for torts, or for civil wrongs; and
• Liability for civil rights violations.

What Kind of Suits are Brought against the Police?

Common types of tort lawsuits which are brought against law enforcement include:

• Assault and battery;
• False imprisonment;
• False arrest;
• Wrongful death;
• Negligent hiring, supervision, or retention of officers;
• Negligent training or failure to train;
• Negligent entrustment; and
• Failure to discipline or investigate.

What are Civil Rights Violations Involving the Police?

Civil rights violations occur when a law enforcement officer violates an individual’s constitutional rights while on the job. Common forms of civil rights violation lawsuits brought against law enforcement include:

• Freedom of religion, speech, and the right to assemble (1st Amendment);
• Unreasonable search and seizure (4th Amendment);
• Privilege against self-incrimination (5th Amendment);
• Right to a speedy jury trial, and to be represented by counsel (6th Amendment);
• Cruel and unusual punishment (8th Amendment); and
• Right to due process of law (14th Amendment).

What Damages Might I Receive from a Police Misconduct Lawsuit?

The damages awarded in a police misconduct lawsuit will vary depending upon the severity of the misconduct as well as the nature of the injuries which the individual suffered from the misconduct. The categories of damages that a plaintiff may recover include:

• Compensatory damages: An individual will be compensated for such things as:
  • property damage;
  • costs of medical care;
  • loss of earnings if the individual has missed work; and
  • potential future loss of financial earnings;
• Aggravated damages: Aggravated damages may be awarded in the exceptional case where the law enforcement conduct was especially egregious;
  • aggravated damages would be awarded where the officer’s conduct subjected an individual to distress, embarrassment and humiliation; and
• Exemplary damages: These damages, which are intended to serve as a deterrent for future
• similar conduct, are awarded where the police conduct amounted to an action that was:
  • oppressive;
  • arbitrary; or
  • unconstitutional.

Each category of damages must be justified by the evidence that is presented at a trial.

Do I Need a Lawyer to Hold the Police Liable for My Damages?

If you or a loved one believes that a law enforcement officer has abused your rights or has committed a tort against you, it may be helpful to consult with an experienced criminal attorney.

Your attorney can advise you of your rights and possible remedies that may be available in your case. Your lawyer can file any necessary paperwork and represent you in court when you are required to appear.