Common types of Police Misconduct

When it comes to police misconduct, most people seek to make claims or sue the police because they’ve been wrongly arrested, assaulted by a police member, or prosecuted for something they didn’t do. While these are some of the most often filed cases, there are other reasons why you might want to take legal action and sue the police.

Here are some things you should know about these kinds of actions:

Wrongful Arrest

Known as “false arrest” “unlawful arrest” or “false imprisonment,” this refers to an unlawful arrest and detention. When making an arrest and detention, the police must always justify the reason behind it, so if you believe they’ve acted outside their powers, it’s worthwhile getting further advice on the matter.

False imprisonment can happen in any place where the police control your freedom – it can be on the street, in your home, in a police vehicle, and of course at the police station.

Assault

Assault covers much more than what many think. Whenever someone touches you without a lawful reason to do so, you are being assaulted. Putting you in fear of unlawful violence, even without touching – such as by a gunpoint, can also be considered assault.

This, of course, includes kicking and punching, as well as being subjected to illegal body searches. It’s important that you or a friend try to get the names and contact information for any witnesses, take photos of any injuries, and have a doctor check you (at a hospital or by your family doctor) right away If the police ever assault you.

Malicious Prosecution

If you’re ever prosecuted for something you didn’t do, and the police maliciously provided false or materially incomplete information to cause your prosecution, this is called “malicious prosecution.” You’ll have to present proof that the police had a “wrongful motive” in doing so, and didn’t have a reasonable cause to prosecute you.

To win your criminal case, you generally need to either have any charges dropped before the case goes to court, or be acquitted (found innocent) in court at your trial or on appeal.

Other Claims

Police misconduct lawsuits can also be filed if they breach your right to protest, or any other human right; this can include – but is not limited to – physical harassment and abuse, causing physical or mental injury, property damage, and death.

You can also sue the police for negligence, race, sex, disability, or other discrimination, speech and viewpoint retaliation, and a few other civil wrongs.

There are some cases where you won’t be able to file a lawsuit for police misconduct. Depending on the laws of your state, some things could be allowed while others not. You must find professional advice to help you navigate your options to find the best way for you to present your case.