Additional Information On Civil Rights Cases
When a Crime was Committed by the Plaintiff
It’s not uncommon for the victim of police misconduct to have committed a crime before or during the misconduct itself. This, however, does not justify the use of excessive force, which is an unconstitutional violation of the Fourth Amendment and civil rights laws.
A police officer’s job is to keep the peace and determine whether an arrest is justified; a police officer is not a judge nor a jury. Whether an individual can bring a civil rights lawsuit against a police officer if that individual is also guilty of a crime is determined on a case-by-case basis.
DA Gascón on Rehabilitation Instead of Retribution
DA Gascón has an objective viewpoint about how the system should serve people. He is trying to help the youth by not prosecuting a lot of minor crimes, as he sees that many people deserve a second chance, such as through a diversion or rehabilitation program as opposed to incarceration.
Former governor George Deukmejian was willing to sponsor a “three-strikes-and-you’re-out” type of legislation that put a lot of people in jail. The United States has incarcerated more individuals than any other country, yet it is just one-quarter the size of most other countries. It’s really sad to see people having to live their lives in jail versus being able to live a life that is enjoyable.
DA Gascón’s policies are much better than the previous ones, and he also believes that police review boards are better to put a stop to a lot of things that are going on. DAs are not the ones who are going to stop a juvenile from being tried as an adult, which would likely put them in jail as opposed to a rehabilitation program. Juveniles can learn just like everyone ese, and rehabilitation is much better for them and for society as a whole than retribution.
Damages Available to a Plaintiff
The damages available to the plaintiff in a civil rights case will depend on the facts of the case. Actual and compensatory damages are possible, and the monetary sum could be anywhere from $100 to $1 million.
The jury rules on whether or not the plaintiff will receive compensatory and actual damages. If the plaintiff is awarded damages, then there will be proceedings for attorney fees that will be submitted to the judge. The attorney fee is calculated based on the attorney’s hourly fee and number of hours they spent on the case, but ultimately, the judge will determine whether or not the amounts are appropriate.
The Value of a Civil Rights Attorney
Civil rights violations cases are difficult to navigate, and the plaintiffs are up against a lot. There are many pitfalls of which most people are unaware, as well as important deadlines that cannot be missed. On top of that, plaintiffs tend to be emotional during these cases, which is entirely understandable.
For these reasons, it is extremely beneficial to hire an experienced civil rights attorney who can look objectively at the case and quickly obtain a firm grasp on the intricacies involved.
Francisco Suarez, Attorney at Law
Anyone who is interested in consulting with me regarding a potential civil rights violation case should bring as much evidence as possible. I will evaluate their case and determine whether it is provable. In recent years, more and more clients have been able to obtain cell phone video footage of the incident in question, which has been very helpful. Medical records and any pictures are also very helpful in the evaluation of a civil rights case.
For more information on Additional Information On Civil Rights Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (909) 330-4403 today.
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