In California, police officers are the symbol of law and order. However, at times, they act in contravention of the law by using excessive force, brutality, and misconduct when enforcing the same law. When a police officer in the line of duty violates your rights as a human, you have a right to recourse through the state laws. A report by California Department of Justice Attorney General Xavier Becerra reveals that there were 782 incidents of excessive use of force by police that resulted in serious injuries or death. Of the total encounters with the civilians, 157 people lost their lives. More than a quarter of the deaths were reported in Los Angeles County. The statistics go on to reveal that 42% of the victims of police use of force and shootings were Latino, while 20% were blacks.
If you believe you have a police misconduct case in California, contact Johnson Attorneys Group for a free consultation. Our personal injury lawyers can determine if you have a case and help you seek the justice you deserve. Call 1-800-208-3538 today!
What Constitutes Police Brutality/Misconduct?
- Malicious prosecution
- Severe body injuries
- Racial profiling, gender discrimination
- Falsification & fabrication – false evidence, arrests, imprisonment, planting evidence at the crime scene.
- Kickbacks and bribery – extortion with the promise of protection
- Misconduct – mainly sexual and off-duty misconduct
- Unlawful search
California Police Officer Immunity
In the line of duty, the law provides the police with ‘qualified immunity.’ It shields the cops from getting sued in certain circumstances. For instance, with probable cause (compelling reasons to believe you were involved in a crime), the police officer can pull you over on a highway, search your vehicle and will not be going against your rights. And it gets worse in California, where for many years, it’s been hard to learn about police brutality or misconduct due to the 1978 California statute that prohibits any government agencies from revealing any police department records. That has acted as a shield protecting the police conduct from public scrutiny.
Filing a Police Brutality/Misconduct Lawsuit Limitations
As a victim of the law enforces brutality and misconduct, you can file a lawsuit for compensation for the pain, injuries and other losses suffered. For false arrests and false imprisonments, you have to file a notice of claim within 6 months of the incident, beyond which the right to sue ceases. The notice of claim informs the government that you intend to file a lawsuit and does not mark the beginning of a legal case. After filing a formal notice of claim, you have another 6 months to file a lawsuit – not beyond one year from the date the injuries occurred.
Proving Police Brutality
Police brutality/misconduct are complicated to handle, and that’s why you need California personal injury lawyers capable of marking a boundary between violation, abuse, and police immunity. Under the law, the police and other law enforcers have the duty to protect the civil, legal and constitutional rights of every citizen whether during the questioning, frisking, arresting or after conviction.
They’ll be in breach of duty if they a victim is meted with racial profiling, unlawful search, excessive force, brutality and misconduct that caused pain and injuries to the claimant. Your attorney will present all the materials that can support the case, interview eyewitnesses, present medical reports, and photographs of the injuries sustained.
Settling Police Brutality/Misconduct Injury Lawsuit
If our legal professionals win your case against the police department, you’re eligible for being a victim of the excessive use of force and infringement of your constitutional rights. Damages paid to the claimant are;
- Compensatory Damages – medical bills, lost wages, pain, and suffering, funeral expenses
- Civil Rights Damages – remedies for human right violation
- Punitive Damages – rare but they are a punishment for the police misconduct and brutality.
Get Help from California Personal Injury Lawyer
Do you have a case of police brutality/misconduct in California? Johnson Attorneys Group will help you file a legal claim for compensation. We have experienced legal staff who’ll help you understand the whole legal process. We won’t charge you any legal fee unless we win and settle your case. Call us 24/7 on 1-800 208 3538 for a free case evaluation.