What to Do When You Have Been Injured By Police Misconduct

The prevalence of video, either from police body cameras or bystanders’ cell phones, is shedding light on police misconduct across the country.  Many people are learning that, unfortunately, police misconduct can happen anywhere, to anyone, any time.  Law enforcement officers are not above the law.  In fact, they are bound by strict constitutional limits to their authority. When they abuse their authority, they can be held responsible for any resulting injuries.

If you’ve had an encounter with the police that has resulted in bodily harm, seek the advice of a civil rights lawyer as soon as possible. You are possibly entitled to compensation for your injuries.

What police officers can and can’t do in the line of duty

Police officers have an immense role and responsibility to enforce the law equally and fairly, and to protect society from crime.  To do that job, we as a society grant them certain powers. But police officers are still required to respect people’s Constitutional rights and other rights under state laws in all contacts.

Under the Fourth Amendment, the use of excessive force – which usually results in injury and, in some cases, death – constitutes an unreasonable seizure. Therefore, police officers who use excessive force and cause unnecessary injuries can be held responsible under civil rights law.  There are civil rights remedies for many other types of police misconduct as well.

I was injured by the police, now what?

To give yourself the best chance at recovering compensation for injuries resulting from police misconduct, you must take swift action and gather all the proof you can of the unfortunate event.

Examples of evidence that is useful in a case involving police misconduct may include:

• Photo or video proof of the incident
• Names and contact information for any witnesses
• Documents that prove the existence of the injuries and any medical treatment or rehabilitation that was needed

Contact a California police misconduct lawyer

Once you have done your best to gather the necessary evidence, request the services of a civil rights attorney with a proven track record in police misconduct cases. He or she can assess the information and inform you of your rights. Although this may seem like a daunting process, a skilled civil rights attorney will know how to handle the defenses that the defendant officer may raise, such as qualified immunity.

Most police misconduct cases are filed as civil rights lawsuits against the officer who engaged in the misconduct or the agency to which they belong. Civil rights lawsuits such as a “Section 1983 claim” may allow you to recover monetary damages.