Law Enforcement Abuse Lawyers in Henrico County

Law enforcement agencies do not have a good record when dealing with protests. Police agencies and officers often prioritize order over protesters’ civil rights. As a result, they may subject protesters to heavy-handed police tactics, including wrongful arrest, mistreatment, and excessive force.

Protesters, including those protesting Israel’s actions in Palestine, have rights protected by the U.S. Constitution as well as U.S. and Virginia statutes. If you were subjected to abusive police tactics during a Palestine protest or after an arrest, our firm’s attorneys for police misconduct victims can help you understand your rights. Contact Commonwealth Law Group for a free consultation.

The First Amendment to the U.S. Constitution enshrines your right to protest. As courts have observed for over 200 years, all protesters have these rights, regardless of their message. Those involved in Palestine protests have the same rights as Black Lives Matter or abortion protesters.

Specifically, the government cannot interfere with your ability to assemble and speak your opinion. It cannot stop the press from covering your protest.

On the other hand, governments and universities can require you to obtain a permit for your protest. They can also control the time and place for your protest. And nothing in the Constitution prohibits the police from protecting lives or private property endangered by protesters’ actions.

Governments and police agencies abuse their authority when they engage in any of the following:

• Refusing to issue permits based on the subject matter being protested
• Breaking up lawful protests
• Detaining protesters who have not broken any laws
• Arresting bystanders or members of the press observing the protest
• Using excessive force against protesters

Commonwealth Law Group can analyze the tactics used against you and determine the compensation you can seek for police abuses.

Restrictions on excessive force come primarily from Virginia law. State statutes explain the tactics police can use and when they can use them. Specifically, Virginia restricts when the police can use:

• Chokeholds
• Non-lethal munitions, such as rubber bullets or beanbags
• Lethal force

Officers can only use these tactics to prevent death or serious bodily injury. Virginia law also implicitly restricts the use of tear gas in situations where the police must protect lives or property. In other words, the police cannot use tear gas to break up a lawful protest.

An attorney for police harassment can use federal laws to pursue claims for monetary compensation. Specifically, 42 U.S. Code section 1983 gives individuals the right to pursue legal claims against state officials who violate their constitutional rights. The remedy for a section 1983 violation includes monetary compensation for any losses you incurred. Contact us to learn about your right to file a section 1983 claim.

Lawful protesters should not face unlawful arrest, mistreatment, and police brutality for exercising their constitutional rights. Contact Commonwealth Law Group for a free consultation if you have experienced law enforcement abuse of authority during a protest. We will analyze your case and explain your options for seeking compensation.