Los Angeles Police Misconduct Attorney

Police Misconduct as a Form of Civil Rights Violation

When police officers resort to unreasonable and deadly force, they may face civil liability and criminal charges. Incidents involving mistreatment, brutality, shootings, assault, and planting evidence constitute severe violations of civil rights.

Racial profiling

Discriminatory policing or racial profiling targets people of color by searching, investigating, and arresting them based on their race. While illegally unaccepted, this has become a common practice in some police departments.

False arrest

Arresting someone without proper grounds to justify the action is a civil rights violation. This commonly happens due to mistaken identity or false and inadequate evidence.

Malicious prosecution

This occurs when law enforcement officers initiate legal action without justification. A malicious prosecution often involves baseless litigation, falsification of warrant, or manufacturing of evidence against the defendant.

Unreasonable search or seizure

Without a legal search warrant, police officers cannot conduct unreasonable search operations and seizures. If they have no warrant or evidence to prove a crime, they are clearly violating your civil rights.

Excessive force

Using more force or extreme violence than necessary may result in severe injury or death. Too many cases of police misconduct and brutality are due to excessive force which often leads to wrongful death.

Coerced interrogation

An involuntary confession is legally prohibited. Individuals have the right to remain silent and deny giving answers when being interrogated by the police. Illegal coercion involves using threats of violence to convince suspects to speak to them.

Refusing access to civil rights attorneys

From the moment of arrest to trial, anyone has the right to have a lawyer representing them in criminal proceedings. Denying access to requests of civil rights attorneys is a legal violation.

Pursuing a Police Misconduct Claim in California

When filing a lawsuit against law enforcement officials, it’s best to know your legal options. Here are the different types of claims for police misconduct:

• 1983 Civil Rights Claim: The U.S. Civil Rights Act, enacted in 1871, consists of Section 42 U.S.C. § 1983, or the civil action for deprivation of rights under the United States Constitution. This section covers public officials and police officers responsible for violating constitutional rights. Police misconduct victims can file a claim for an injunction and monetary damages as remedies, depending on the jury verdict.
• Bivens Claim: This type of civil rights lawsuit is filed against federal officials, including FBI agents and narcotics officers at the Federal Drug Enforcement Agency (DEA). However, Bivens claims do not cover entities such as the Department of Justice (DOJ), Immigration and Customs Enforcement (ICE), and Federal Deposit Insurance Corporation (FDIC).

How to File a Police Misconduct Claim

Before pursuing a claim against law enforcement officials, consult civil rights lawyers for the best course of action. Here’s how:

Submit a notice of claim

You must file a notice of claim with the state agency within six months of the incident to preserve the right to sue. Doing so will notify the government of your intention to pursue a lawsuit.

Another option is to file an internal affairs complaint or a police report to seek criminal prosecution of the offending officers. Meanwhile, police officers may raise a qualified immunity for having to pay damages if they did not violate your constitutional rights.

However, this immunity defense may not be applicable, as per Senate Bill 2 under the Tom Bane Civil Rights Act. You can still sue the police officer if you are threatened with intimidation or coercion.

Aside from monetary damages, successful 1983 claims can also force the police department/offices to do the following:

• Revise their procedures
• Retrain their officers
• Review internal customs
• Punish or fire offending law enforcers

Write down what happened

If you or your loved ones experienced police misconduct, compile every piece of evidence that you have, including a detailed narrative of what happened. As soon as you create a statement regarding the matter, you won’t risk forgetting any important details.

Submit evidence supporting your claim

Police misconduct attorneys will need more than your statement to prove your claim. Make sure to take photos of any injuries or damage at the scene. You can also keep objects or clothes stained with blood from the accident.

Police Misconduct Statistics in California

Every year, there are around 195 deaths from crimes and interactions with California law enforcement in the city. Most fatalities are due to gunshots with nearly 250 people shot by the police annually. About 80 percent of these armed encounters result in civilian wounds or deaths.

Here are some of the key findings regarding police misconduct:

• 198 non-shooting deaths after using unnecessary police force
• 42.9% of police stops were Latinos while 12.5% of police stops involved Black residents in California
• 50% of all trans people were detained or assaulted by law enforcers

Speak with a Police Misconduct Attorney at Adamson Ahdoot

A police misconduct lawyer can help you pursue a claim and recover damages for your injuries. Our legal team at Adamson Ahdoot is committed to helping victims of police abuse fight for their rights. Our civil rights attorneys serve diverse clients of personal injury cases and can respond to your litigation support needs.

At Adamson Ahdoot, our reliable team of lawyers has a proven track record while our firm has 100 years of combined legal experience.