How to File a Police Misconduct Lawsuit in Los Angeles
We all have basic rights as human beings and if you’ve been arrested, you still have all the rights you had before your arrest. Unfortunately, the police may ignore them. Many individuals are not even aware that their rights have been violated because they’re uncertain about what is allowed or not.
The police have the right to carry out their duties but there are limits to how far they can go to do their duty and uphold the law. Abuse of police power is a serious matter.
When police are brutal or ignore your civil rights, they are undermining the Constitution. You may be able to file a police misconduct lawsuit in Los Angeles to clear your name, make them liable for their actions and recover damages you’ve incurred.
Forms of Police Misconduct Lawsuits
Police misconduct comes in many forms. If you’ve experienced it in the following forms, filing a police misconduct lawsuit is an option:
- The use of unnecessary force
- Failure to read you the Miranda rights
- False imprisonment
- Illegal searches
- Seizing of property unrelated to a crime
- Planting evidence
It can be difficult to sue the police because of certain legal protections that apply to them. The idea is that police have a difficult job to do and they shouldn’t have to constantly worry about being subjected to lawsuits.
They have a certain type of immunity which generally insulates them from lawsuits. This immunity does not apply if you can show that they acted in an unreasonable manner. Negligence is not enough to overcome immunity.
If you want to sue the police for harassment or discrimination, you need to show a pattern of behavior. One incident isn’t enough. If you want to sue for false arrest, you need to show that the police did not have sufficient evidence to warrant the arrest. If you want to sue for excessive force, you will need to show that the amount of force used in the situation was unnecessary.
How to file a case
It is important to speak to a civil rights attorney as soon as possible if you want to file a case. As the above information indicates, these cases are complex and can be difficult to try in court.
An attorney who has considerable experience in dealing with such cases is preferable. If you have been charged with a crime as part of the incident, such as resisting arrest, your case is even more complex. An attorney will help you to navigate the case and the criminal charge.
An attorney usually conducts an independent investigation to find out as many details as possible to build a solid case. Interviewing witnesses, checking medical reports and more is all part of this process. They may ask if you took any photos and have kept any clothing or objects damaged by the police in the incident.
If you sue and win, you will be awarded compensation as restitution for the violation of your rights, and any physical or emotional injuries. The court may also require payment of punitive damages as punishment for the misconduct.
If you’re concerned about costs, you can ask the attorney you meet with if he or she will accept a contingency fee. This means the attorney will only get paid if you win.
At Weberman Law Office we do everything we can to make a difficult situation as painless as possible. Our team has an excellent track record in police misconduct lawsuit in Los Angeles, and many years of experience in this area of the law. Call us at (310)396-0731 for a free initial consultation.