The Role of a Civil Rights Lawyer in a Police Brutality Case

Police brutality, also referred to as excessive force, is prohibited under the U.S. Constitution and state statutes. When the police wrongfully injure or kill someone, a civil rights attorney can pursue a case against the police agency to recover compensation for the injured victim or their family.

Sources of Civil Rights Protections Against Excessive Force and Police Misconduct

Civil rights protections against police brutality and misconduct come from a few sources. The Fourteenth Amendment to the U.S. Constitution contains the Due Process Clause and the Equal Protection Clause.

The Due Process Clause states that the government cannot deprive any person of life, liberty, or property without due process of law. When a police officer uses excessive force or violates the law without legal authorization, they violate the victim’s due process rights.

The Equal Protection Clause prohibits the government from applying its laws unequally. When the police treat certain people differently, such as singling out minority suspects for ill treatment or excessive force, they violate their equal protection rights.

The Eighth Amendment prohibits “cruel and unusual punishments.” Courts have interpreted this to mean that the police cannot use force to punish people. Instead, they can only use force to protect themselves or others from injury or death. Under some situations, they can also use force to protect property.

In both situations, the police are expected to use force that is proportional to the threat. Thus, they probably cannot use deadly force to stop vandalism.

Finally, the Fourth Amendment limits the use of arrest powers. Generally, people can only be detained when the police have an arrest warrant, probable cause that the person committed a crime, or a need to prevent the person from harming the officers or others.

How a Civil Rights Lawyer Investigates Police Brutality Cases

Police brutality occurs when the police use disproportionate force. In other words, it happens when the police use greater force than necessary to accomplish a lawful objective. Under Virginia law, for example, the police can only use deadly force when it is reasonably and immediately necessary to prevent serious injury or death.

Investigating these cases can be challenging since the police and prosecutors will often close ranks around officers accused of misconduct. However, an attorney can use Freedom of Information Act (FOIA) requests and the discovery process to obtain much of the evidence needed to investigate what occurred and who might be responsible for it.

Evidence Used to Prove Police Brutality

A civil rights lawyer will focus on two types of evidence in police excessive force cases. First, the lawyer will seek evidence of liability by gathering proof of what happened, including eyewitness statements, body cam videos, dash cam videos, and police incident reports.

Second, the lawyer will gather proof of the victim’s losses. This evidence can include medical records, doctor and hospital bills, and income statements.

Expert testimony can fall into either category. An expert on police procedures can review the officer’s actions and testify about whether they meet their employer’s policies and best practices or not.

An economic expert can help explain the injury-related losses, such as medical bills, therapy costs, and diminished earnings, that the victim will incur as a result of the excessive force.

Leading Clients Through Administrative and Judicial Processes

In many cases, a civil rights lawyer starts by filing an administrative complaint with the agency overseeing the officers. For example, prisoner rights cases often begin with a complaint to the prison administrators. A civil rights lawyer can prepare the complaint and shepherd it through the administrative process.

As the complaint works its way through the system, a civil rights attorney can also prepare a lawsuit against the police agency. The lawyer advises the client about their rights, gathers evidence, and drafts the lawsuit. During litigation, the lawyer uses evidence and legal arguments to negotiate a settlement or win a verdict.

Legal Remedies Available to Victims of Police Brutality

Under federal law, victims of police brutality can file a lawsuit against the police agency responsible for training and supervising the officer responsible for violating their Constitutional rights. Specifically, a Section 1983 lawsuit provides two possible remedies to victims.

First, the court can issue an injunction to block the police from engaging in the conduct at issue in the case. Second, the court can order the government to compensate the victim for their financial losses.

Reasons for Hiring Experienced Legal Representation

Fighting the government is difficult. Even small towns have vastly more resources than most individuals. They have teams of lawyers to combat administrative complaints and lawsuits.

However, you can level the field by hiring an experienced civil rights attorney. They will know civil rights laws and litigation strategies. They will also have the skills to negotiate a settlement or advocate for you in court.

FAQ

Can I Pursue a Police Brutality Case for the Use of Non-Lethal Weapons?

Yes, you can file a police brutality case when police agencies misuse non-lethal weapons. An officer cannot use a non-lethal weapon, like pepper spray, if it is not necessary to stop the person from harming the officer or other people.

Can Prisoners File Civil Rights Cases for Excessive Force by Correctional Officers?

Yes. Correctional officers cannot use more force than necessary to maintain order. Specifically, they can use force to protect inmates from self-harm, harming others, or harming officers and employees. The force must be proportional to the risk.

What Compensation Can I Seek in a Police Brutality Case?

Victims can seek compensation for economic and non-economic losses. Economic losses include medical expenses and diminished earnings. Non-economic losses include pain, suffering, disability, and disfigurement.

Contact Commonwealth Law Group to Discuss Your Police Brutality Case

Police officers have more latitude in using force than ordinary citizens. However, they cannot exceed the amount of force allowed by law. Contact us to learn how we can help you fight the government after experiencing police brutality.