How Civil Lawsuits Hold Police Officers Accountable
Police officers, sheriffs, and highway patrol officers serve Californians to provide protection and security – So who do you call if a police officer is responsible for harming you or your loved one?
While incidents of police misconduct and brutality occur all around California, many still find it challenging to speak up about these kinds of abuses. Victims fear feeling judged or believe nothing will come of reporting the abuse because of the power law enforcement holds. However, when victims stand up to these abuses and pursue civil lawsuits, they can contribute to systemic change AND receive compensation for the damages inflicted by law enforcement agencies. When we report these incidents and confront police brutality in California, we help raise awareness and demand accountability from police departments across the state. If you are ready to hold police officers accountable for their wrongful actions, contact the California police brutality lawyers at BD&J today and connect with a legal team that will bring justice to you and your community.
When Rights Are Violated by Law Enforcement
Police swear an oath to protect and serve, but how do you know when your rights have been violated by the police?
We are federally protected by constitutional rights against unreasonable searches and seizures, including the excessive use of force, as well as protected from various forms of discrimination due to the 1964 Civil Rights Act. In addition, the Tom Bane Act, a California state law, protects individuals from threats and coercion by law enforcement. If you have experienced excessive force, discrimination, unlawful search and seizure, or even lost a loved one due to police brutality or unlawful imprisonment, it is likely that your or your loved one’s rights were violated, and you can bring a civil lawsuit against those responsible.
The first thing victims should do after experiencing police brutality is to file an internal affairs complaint with the police department or the agency of the offending officer. This documents the incident and creates an official record of what happened. An internal report can also allow victims to pursue a criminal case against the perpetrator. Unfortunately, qualified immunity laws protect officers, and criminal cases against law enforcement often result in favorable outcomes for the police. Ultimately, civil lawsuits are the best way to get justice in the face of police brutality.
Suing Officers and Police Departments for Misconduct
Excessive force, also called assault and battery, can cause serious injury and unreasonable searches can result in destruction of property. Victims should not be left responsible for the damages and financial burdens inflicted at the hands of law enforcement. Civil rights and personal injury lawsuits allow victims to pursue compensation for the injuries they suffered due to police brutality.
When you are ready to hold the police accountable, get in touch with a California police brutality attorney, like the experienced team at BD&J. They will thoroughly investigate the incident, gather evidence, and file the appropriate complaints and claims. A lawyer can help follow up on these complaints and ensure they are processed and investigated, but there is no guarantee they will result in an officer being held accountable. Therefore, your police brutality attorney will also take the next step by filing a civil lawsuit against the responsible officer.
Pursuing a civil rights or personal injury lawsuit against a law enforcement agency requires extensive investigation. The most successful police brutality lawyers in California gather vital evidence like body camera footage and witness testimony. Your lawyer will request necessary reports and videos to build a strong case and a winning strategy. Your legal team will protect your rights and safeguard your case by meeting key deadlines and complying with procedural requirements. Count on an experienced legal team, like BD&J, to help you get the justice you deserve.
Accountability and the Road to Reform
While a single lawsuit against a police officer may not lead to lasting change, multiple lawsuits against different law enforcement agencies can demonstrate a larger problem and raise awareness about the need for change. In addition, settlements and judgements are paid out of the budgets of law enforcement agencies, so lawsuits can encourage systemic reform to protect these agencies financially. Since officers rarely face criminal prosecution for misconduct and brutality, we must rely on civil actions to create legal and economic incentives for law enforcement agencies to promote accountability, deter abuse of power, and reform department policies.
As demonstrated in the landmark Monell v. Department of Social Services of the City of New York (1978), if a police brutality lawyer in California can successfully prove that police brutality was a result of an official policy, improper training, or lack of supervision a civil lawsuit can lead to significant systemic changes and financial gain for the victim.
FAQs
What should I do if I experience police brutality in California?
If you find yourself subject to police brutality in California, immediately seek medical attention for any injuries inflicted. Document everything you can; take photos and videos of injuries and damage, collect witness statements and information, and write down any details you remember. Next, file a complaint with the department of the offending officer. This creates an official record of the incident and will initiate an internal investigation. When you are ready to pursue a civil lawsuit, get in contact with a police brutality attorney in California, like the team at BD&J. Your voice should be heard and can make a difference in ending police brutality in California.
How can a California police brutality lawyer help?
Law enforcement officers have legal protections, like qualified immunity, which can protect them in certain legal situations. Many police misconduct and brutality cases show a strong bias in favor of the police officer. Working with a skilled California police brutality lawyer, can be vital to building a strong case by gathering evidence that proves the rights that were violated, and fighting for justice. An attorney will aggressively negotiate a settlement, or represent you in court, to ensure full compensation for your injuries and damages. Without excellent legal counsel, you risk your case being dismissed or devalued, and never getting justice or holding officers accountable.
What compensation can I get if I was the victim of police brutality?
Victims of police brutality in California, have a right to seek compensation for damages and losses suffered at the hands of law enforcement. Civil lawsuits against police brutality seek to claim medical expenses, emotional distress, lost income, property repairs, and in some cases punitive damages. Working with a police brutality law firm can help you carefully assess your case and help you recover compensation.
How much does it cost to sue the police in California?
Many personal injury and civil rights lawyers work on a contingency fee basis, so you only pay attorney fees when your case is resolved. That’s right, there are no upfront fees or hourly rates. Instead, the lawyer takes a pre-determined percentage of the final settlement or compensation verdict if the case is successful. Clients may still be responsible for case costs if they choose to switch attorneys or lose their case. Contact BD&J today for questions about our contingency fee system.
How to find the right California police brutality lawyer for my case
When you have experienced police brutality, it helps to have trusted legal counsel on your team. To find a winning California police brutality attorney to help build your case, follow these simple steps:
- Look up case histories to find a legal team with experience winning police brutality cases.
- Read client reviews and choose legal professionals that will treat you with the respect and dignity you deserve.
- Schedule a free consultation to discuss your case with a potential lawyer and ask questions about their experience and more.
Standing Up to Police Brutality in California
The award-winning lawyers at BD&J have defended the rights of Californians for over 20 years, and that includes defending residents from those sworn to serve and protect. Our team is dedicated to helping clients pursue compensation for damages and injuries inflicted through police brutality and will call on our extensive resources and network to bring justice to our communities. If you or a loved one were injured or suffered property damage due to police misconduct, call the injury lawyers at BD&J and take your first step toward justice.
