What Are The Common Situations Where You See Police Violate Civilian’s Rights In LA County?
What I have the most experience in is the unlawful use of excessive force on an individual. When a police officer is, many times, roughing people up, that could be a case in and of itself. Another instance is when a police officer is handcuffing people. Many times, with people, police put on their handcuffs too tight, and it hurts people. It could be a myriad of things, but the most common thing is the use of excessive force. There are many cases right now having to do with the police officers not using the appropriate way to stop protests. Police are supposed to be trained to handle situations appropriately.
Unfortunately, many times, that officer is not adequately trained to apprehend or stop someone from protesting. Many times, they have to look out for a person’s First Amendment right to freedom of speech, and therefore we have to be very careful in harming anybody. When protesting, the individual has a right not to be stopped, constituting their fourth amendment right.
Also, a police officer must give them their Miranda Rights if there will be further investigation and access to an attorney. Some individuals have been unduly singled out or unduly charged with crimes that the person did not commit, and some actions can be brought against officers who were committing crimes against the public. People often don’t know that their rights have been violated, but if they were harmed after excessive force by a police officer, I would take the case. I’ve also handled instances where they’ve beaten individuals in jail or prison.
One kind of case I’ve seen several times is when someone calls the police on their family member. It could be a domestic dispute, and they arrest the wrong person. In the altercations, the police may use excessive and sometimes deadly force to apprehend the individual. Right now, there’s a problem with the way the police are enforcing the laws regarding protests specifically.
Can I File A Lawsuit Against The Police Department For Police Brutality Or Excessive Force?
Anyone can because everyone has a right to bring cases on behalf of themselves. Still, of course, in a police misconduct case, you have to file what’s called the 910 claim in which you have to file a claim within six months in California against the police department. It’s usually against the city, and many times, the cities will have forms to help you make a claim. If you don’t do that, you may lose some of your California constitutional rights. That’s not saying you’ll lose your rights to excessive force and things like that on the federal level, but you’ll lose them on the state level.
You must understand all the different nuances to file a complaint against the police officer, and you don’t have to do it with an attorney. People will often file the lawsuits themselves and then later get an attorney, but it can be very complex and lead to issues later on.
What Is The General Outcome Of A Police Brutality Case Or An Excessive Force Case?
The end goal is to get as high of damages as you can, but it all depends on the seriousness of the injuries and whether a reasonable person would do that sort of thing. The standard is whether it’s reasonable and necessary, which depends on the injuries. Individuals are entitled to damages that the officer in any capacity caused, and even regarding injuries that have ramifications for the rest of your life.
For more information on the Violation Of Civil Rights In California, 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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