Police Misconduct

Police Misconduct Claims in California

Inst cases, the police have a broad level of freedom when it comes to carrying out their public duty. Nevertheless, the Constitution and other laws were written to highlight how far the police can carry out their duties. Anyone who has found themselves in jail because of false arrest or malicious prosecution should seek out a bail bonds agent as soon as possible. False imprisonment does happen even today, but you have laws that were designed to protect you.

Violating the Rights of Citizens

The Rodney King beating in Los Angeles took place on March 7, 1991, and it shows us a prime example of police using excessive force. When police brutality and misconduct of this nature happen, the victim could have recourse based on state and federal laws. These basic civil rights laws were designed with the intention of protecting citizens from police abuse. Through these civil rights laws like 42 USC 1983 claim, the deprivation of anyone’s rights allows them to sue the United States for police brutality and misconduct. Through 42 USC 1983 claim, people have a civil cause for action against abuses from the United States government.

Based on civil rights laws, you will be recompensated for:

  • Compensatory damages
  • Punitive damages
  • Attorneys fees

The laws contained in 42 U.S. Code were intended to help individuals who have had their rights stepped on. Based on Section 1983, you can file a civil cause of action against those responsible.

How to Deal with Immunity

Any time that you get stopped and questioned by the police in connection with a crime, Most people feel unsettled by the questions. Provided the officer never oversteps his boundaries, you don’t have a violation of your civil rights. Under most circumstances, police officers have immunity from lawsuits, which allows them to perform their job freely. Unreasonable conduct must unquestionably be demonstrated. A failure to exercise the right level of care or negligence won’t be enough to create liability.

However, under Section 1983, governmental immunity doesn’t work if police conduct willfully violated the constitutional rights of the individual. The statute under 42 U.S. Code came into effect as a way of curbing oppressive conduct. With total governmental immunity, it would have allowed these types of abuses to exist free of consequence.

Falsely Arrested?

The false arrest has become one of the most common complaints against the police. They were falsely arrested. Anyone who brings this charge up against a police officer means that their fourth amendment right to not have their items unreasonably seized was violated. An officer that had probable cause to believe a crime was committed could use this. If a felony or misdemeanor gets committed in their presence, police have the right to arrest the individual. Even when the information later turns out to be false, if the officer acted correctly, nothing can be done. Sufficient facts must be given, however, to allow for an arrest of this nature.

Using Excessive Force

Whenever excessive force gets used, it receives the most publicity. Whether the officer had a right to act in a certain way will depend on the circumstances. An unreasonable level of force can be turned into a claim regardless of good or bad intentions.

Malicious Prosecution

When an officer deprives someone of their fourteenth amendment right to liberty, a claim for malicious prosecution could be filed. An individual will have to prove four things for a claim like this to succeed:

  • The police officer started a criminal proceeding.
  • The court ruled in favor of the victim.
  • No probable cause from the officer was given.
  • The intended proceeding had malice toward the victim.

People must assert their rights against police conduct because this keeps them from acting unlawfully in the future. Unfortunately, cases against police officers aren’t easy for false imprisonment or police misconduct. An individual must have an over-the-top type of case if they can hope to win against law enforcement. When someone feels they were mistreated, having a recorded video of the misconduct can prove that the law enforcement officer acted poorly. A host of elements must first be present and proven beyond a doubt.

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