How to Deal With Police Brutality and Misconduct

Police officers commonly have wide powers when carrying out their duties. However, they sometimes go too far when enforcing the law, breaking the civil rights. In society today, we can often see the examples of police brutality all around. The problem is that many victims of police brutality or misconduct don't want to sue the police.

What to do when this happens to you or your loved one? Below, you can learn about how to deal with such a situation.

Police Misconduct and Civil Rights Laws

The victims of police misconduct have the legal right to demand payment or compensation through state and federal laws, i.e. civil rights laws. These laws are meant to protect civilians against any abuse by government. They also let lawyer fees as well as punitive and compensatory damages, encouraging victims to carry out their rights.

Within civil rights laws, the statute called Section 1983 is specially created to deal with police misconduct as the primary civil rights law. This statute makes it illicit for anyone who acts under the statutory authority to prevent any citizen from asserting his/her rights under the federal law or Constitution.

Overcoming Immunity

It's a pretty unsettling experience when you are questioned by a police officer because of a committed crime although you have nothing to do with it. Keep in mind that policeman is immune to lawsuits as long as he performs his job properly. You cannot create liability because of a mere negligence or just because the police officer failed to exercise due care in the typical suspect-police interaction. You can only sue the police in event of a willful or unreasonable police conduct, which directly violates your constitutional rights.

When to Sue the Police?

In most instances, citizens bring a claim against police officers because of:

●False arrest

●Malicious prosecution

●Excessive force

●Failure to intervene

As far as police brutality, it happens if a police officer uses unreasonable or excessive force when he apprehends a suspected person. There's great discretion in how modern police can complete their jobs, which ensures that policemen will quickly and boldly arrest suspects. Unreasonable or excessive force is determined by 3 factors:

1. Resisting arrest
2. Harm to other people
3. Severity of the crime

What Should You Do?

The victims of police misconduct or brutality have to prove that the action of the police officer(s) infringed their constitutional rights, overstepped reasonable bounds, and caused some damages or injury in order to win their claim. If you think you are a victim of police misconduct/brutality, make sure to do the following things:

●Save all the proofs that support your claim, such as video of the incident, photos of bruises or any injuries caused by the police, torn clothing, damaged items, and objects stained with blood.

●Write down or record how the incident occurred in detail while it's still fresh in your mind.

●Try to get the telephone numbers as well as addresses and names of anyone who was witnessing the incident.

●Contact an attorney who specializes in civil rights.

However, it could be expensive to bring a claim against police department since lots of evidence need to be secured. That's why you need to consider getting a fast loan. The police brutality lawsuit loans can help you make the most of your civil rights claim and beat the insurance underwriters at their own waiting game.