When you or a family member suffers harm at the hands of police misconduct, it can be angering, traumatizing, and humiliating. It can be extremely difficult to recover from police violence and many victims are left feeling helpless about what to do next. At Arias Sanguinetti, we are dedicated to helping victims of police misconduct and securing financial compensation for any violation of your civil rights. We understand that whether the misconduct is caused by officer ego, ignorance, or something worse, the reality is that police officers wield a lot of power, and the public is highly vulnerable when officers decide to act irresponsibly.
Contrary to popular belief, misconduct isn’t confined to high-profile cases of fatal violence – it often occurs in everyday interactions. Unfortunately, avenues for holding officers accountable are limited, with the traditional route of filing reports to the police often yielding minimal results due to inherent conflicts of interest. Time and time again, seeking financial compensation through legal action proves to be the most effective means to hold officers responsible. Police departments rely on victims of misconduct to be uninformed and choose against taking action. We are here to ensure that justice is served.
What are my rights when interacting with the police?
It is important to remember that you have rights when you are interacting with law enforcement. This is especially critical when interacting with an officer engaging in misconduct. Regardless of what they may tell you, officers may not violate any of these constitutional rights:
- Freedom from unreasonable search or seizure. Officers may not search you or any of your possessions, nor may they take anything from you without probable cause. This means they must have a clear and strong reason to believe that you have committed a crime before they may search you or seize your belongings.
- Inflict cruel and/or unusual punishment. This means that you are protected from any excessive force or verbal harassment. Law enforcement has a well-documented history of employing force far exceeding what is reasonably required for restraint; however, this does not mean that they are acting permissibly.
- Right to due process before being deprived of life, liberty, or property. This overarching right shields you from various forms of unjust treatment. As a result, law enforcement officers are obligated to safeguard your health, ensure your access to legal counsel and fair judicial process, and uphold your right to property ownership.
These three essential and broad-sweeping rights, protected in the Constitution, provide the basis for the vast majority of our legal action against law enforcement for officer misconduct. Contact us today to learn more about how these rights apply to your case.
How can I recognize police misconduct when I see it?
Our team of police misconduct lawyers has handled cases involving a wide variety of police misconduct incidents. While some instances of police misconduct may be readily apparent, others are more subtle. It’s crucial to recognize what constitutes police misconduct, which encompasses but is not limited to:
- Excessive force. Assessing whether force is excessive depends on whether the officer’s actions were reasonable in ensuring public safety or preventing crimes. When officers employ force unreasonably, it constitutes misconduct. To determine whether the force was excessive, courts consider the circumstances of the incident, the nature of the crime, if any, the behavior of the suspect, and the immediate threat posed to the individuals and bystanders involved.
- False arrest. Arrest without a warrant or probable cause.
- Deliberate indifference to medical needs. Officers must reasonably care for your medical needs. Some of the most notable financial settlements from law enforcement have come from clear and deliberate indifference to medical needs from officers.
- Improper restraint. Many states including California have new laws in place to prohibit officers from restraining people improperly including banning chokeholds of any kind.
- Racial profiling. An officer may not target an individual because of their race.
- Sexual harassment or misconduct. Instances of sexual harassment or assault involving law enforcement personnel may lead to broader legal action and fall under the category of police misconduct.
- Personal revenge enforcement. Officers may not target individuals based on prior relationships of any kind including romantic relationships.
- Discriminatory practices. Officers may not target individuals for enforcement actions based on personal biases such as a prior race, age, sex, country of origin, or political affiliations.
If any of these examples bring to mind an interaction that you or a loved one had with law enforcement, contact our experienced police misconduct lawyers today.
Can I sue for police misconduct?
Taking action against a law enforcement entity is highly daunting. Victims of police misconduct may fear unlawful retaliation. Our police misconduct attorneys can help simplify this process and protect you from retaliation.
Unsurprisingly, it can be tricky to pursue a lawsuit against a police department. The emotional toll of litigation combined with the difficulty of suing a governmental entity can be extremely taxing. Having an experienced civil rights attorney who specializes in police misconduct cases is key to getting the support and justice that you deserve.
Most importantly, under California law, you have 6 months from the date of the incident to preserve your rights to pursue legal action against the involved public entity such as a police department. The first step is to file a government claim – a form making clear your intent to file a lawsuit. You can often find the form you need to fill out and how to submit it by referring to the public entity’s website. After the claim is filed, the public entity will have 45 days to either approve or reject the claim. If they reject the claim within 45 days, you have 6 months from the date of rejection to file your lawsuit. Given these strict time constraints, it is crucial to seek the guidance of an experienced attorney who can assist you in meeting these deadlines and navigating the legal process effectively.
Our team of civil rights attorneys are proven experts in police misconduct cases. Contact us today to start the process of seeking justice for your experience of police misconduct.
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