What Counts as Police Misconduct and What Can I Do About it?
Police misconduct refers to inappropriate or illegal action taken by a police officer. The behavior may violate the rules of a specific police department or it may involve a violation of state or federal law. A police misconduct lawyer in LA usually deals with many different kinds of police misconduct, some of which are more serious than others.
Examples of police misconduct
Stories about police misconduct have made the news frequently over the past year. Misconduct often involves excessive use of force, corruption, racial profiling, witness tampering, etc. These actions violate human rights and can result in false imprisonment as well as physical harm and even death.
Misconduct can also consist of other actions such as misusing or stealing evidence and can even include violence or committing unlawful acts when off duty. The police can also make up false changes to justify bad arrests, coerce women into performing sexual acts, or refuse to testify against other officers accused of misconduct.
Deter and penalize police misconduct
In order to deter and penalize police misconduct, various measures are taken including taking disciplinary action, filing civil lawsuits, reforming policies, taking action as a community, and filing criminal charges. You may be able to file a complaint with the department where the police officer is employed or you may want to consult with a lawyer if you feel you have a criminal or civil case.
Goals of measures
The goals of the variety of measures taken against police who abuse their power are to impose accountability, improve police training, improve the relationship with police and communities as well as compensate victims.
Criminal action
Whether a civil or criminal remedy is necessary will depend on the circumstances. Theft, bribery, tampering with a witness or with evidence, or assault can result in a fine and jail time, plus removal from office. You will need to consult a criminal defense attorney if you believe the police obtained evidence from you illegally. If you want to find out, “Is there a police misconduct lawyer near me?” we have lawyers at Jance Weberman with plenty of experience and we operate throughout Southern California.
Civil action
Under the Civil Rights Act, a victim can sue a police offender and the police department for a violation of civil rights. This civil action allows victims to seek monetary compensation for their injuries by filing personal injury claims. The doctrine of “qualified immunity” can get police officers off the hook when facing civil liability unless they have clearly violated an established civil right. A Los Angeles personal injury attorney will fight to protect your civil rights and make sure police officers are held accountable for their misconduct.
Contact us
At Jance Weberman, we have experienced lawyers who are able to help you with a police misconduct claim. Phone us on (213) 386-9100 for a consultation if you have been a victim and we will advise you on the best course of action for you.