How Can a Civil Rights Lawyer Fight Against Police Misconduct?

Police officers have a great deal of authority in Virginia. However, their power is not unlimited. When police officers violate any person’s rights, including a prisoner’s rights, a civil rights lawyer can help the victim document the violation and seek justice on their behalf. Here’s a closer look at how this works.

The Role of a Civil Rights Attorney

A civil rights lawyer leverages state and federal laws to protect your inalienable rights from police overreach, including these:

• The right to peacefully assemble and speak your mind
• Freedom from unreasonable searches and arrests
• Freedom from cruel and unusual punishment
• The right to due process of law

For example, suppose you oppose a government policy. The Constitution protects your right to publicly protest it. The police cannot harass, stop, or arrest peaceful protesters who don’t violate any criminal laws. If they do, the police department may be held accountable for violating the protesters’ civil rights.

These rights protect everyone, including prison inmates. For example, prisons must care for an inmate’s serious medical needs. When they are deliberately indifferent to the inmate’s health, they violate the Eighth Amendment’s prohibition of cruel and unusual punishment.

How a Civil Rights Lawyer Helps Victims of Police Misconduct in Virginia

When law enforcement officials engage in misconduct, a civil rights lawyer can assist the victims in these key ways:

Gather Evidence

The victim has the burden of proving police misconduct. They must have evidence to establish what happened, such as:

• Photos and videos of the incident
• Police reports
• Witness statements

If the officer’s misconduct included an altercation or excessive force, the victim can use their medical records to prove their injuries.

File Administrative Complaints

Law enforcement agencies have grievance procedures to report misconduct. When an attorney for police misconduct files a complaint, the department or its oversight board will investigate the allegations.

In some cases, these complaints will uncover additional evidence that the victim can use in a subsequent lawsuit, such as dash-cam or body-camera videos. They may also lead to additional witnesses, including whistleblowers in the law enforcement agency.

Review Evidence and Research the Agency’s Policies

Virginia law doesn’t require police officers to use body cameras. However, most police agencies, including the Richmond Police Department, use body camera systems. Thus, the evidence of civil rights violations is recorded by the officer involved in the incident or backup officers.

A civil rights attorney will typically request and review the footage of the encounter. They can then determine whether the officer’s actions complied with the department’s policies and evaluate those policies to uncover any potential systemic problems. For example, a department’s policies may conflict with state law, federal law, or the Constitution.

Consult Police Experts

Expert witnesses can be helpful in analyzing whether the department’s policies and training procedures match best practices used by other law enforcement agencies. These witnesses are often educated or trained law enforcement officers and know how to properly examine a department’s use-of-force policies, investigative procedures, or forensic reviews.

Pursue Civil Claims

State and federal laws provide processes for suing police agencies for civil rights violations. For example, 42 U.S. Code section 1983 allows people to sue state and local officials for violating their constitutional rights.

Similarly, state and federal civil rights laws give victims the right to sue the government for discrimination based on race, color, national origin, sex, sexual orientation, or religion. When a victim wins a civil rights case, the court can order the police agency to pay compensation.

Negotiate Settlements or Litigate Cases

After filing a civil claim, both sides will usually exchange evidence and file pre-trial motions. They will also explore whether a settlement is possible. In many cases, the police agency will prefer to settle a civil rights case to avoid the negative publicity that comes with a court battle.

Moreover, police agencies may recognize the risks they face when they have policies that violate the public’s civil rights. As a result, they may prefer to change their policies, settle any lawsuits, and move on.

If the agency doesn’t settle the case, it may go to trial. At trial, both parties will present evidence about what occurred and whether it violated the victim’s civil rights.

In either case, a civil rights lawyer has the experience and legal knowledge to fight on the victim’s behalf.

Seek Court Orders

In addition to a damage award, civil rights litigants often seek an injunction to force the police agency to change its policies. Whether ordered by a court or agreed to in a settlement agreement, these policy changes can address patterns of misconduct and prevent future abuses.

FAQ

What Are Some Examples of Police Misconduct That Violate Civil Rights Laws?

Police misconduct can take many forms. These examples cover some of the more common violations:

• Detaining someone without charges
• Using excessive force against suspects
• Conducting traffic stops based on racial profiling

When the police use these tactics, a victim may have a civil rights claim against the agency.

What Compensation Can a Victim of Police Misconduct Seek?

A section 1983 lawsuit can seek compensatory damages. These damages cover the victim’s actual losses, such as medical expenses, lost income, and pain and suffering. Civil rights attorneys can also request attorney’s fees, meaning that the police agency may be required to pay the victim’s lawyer when they lose.

Do I Have a Civil Rights Case if I Was Wrongfully Arrested?

The police may have violated your civil rights by wrongfully arresting you. However, your rights depend on the reason for the arrest. For example, if you were arrested due to religious bias, you may have a claim.

Speak With a Dedicated Civil Rights Lawyer Today

If the police violated your rights in Virginia, the experienced team at Commonwealth Law Group may be able to help. We’ve advocated for victims just like you throughout the state. Contact us for a free consultation today.