A concern that many individuals have in San Diego, California is whether or not they are allowed to file a lawsuit against a police officer who has assaulted them verbally or physically. The reason many individuals have this concern is due to the fact that police officers have immunity when it comes to being litigated against.
What is qualified immunity?
Qualified immunity is basically the right of the police officer (or other government officials) to not be put under trial by a suspect whom they have confronted or arrested for a crime. This may seem like an extreme law to put into place and it may seem to favor police officers too much but the reality is that the law makes a lot of senses when it’s seen through the eyes of government bodies.
Police officers are given immunity for the following reasons:
- So that criminals cannot frame police officers
- So that fewer claims of false arrest (which are malignant on the part of the plaintiff) are brought to court
- It protects officers from lawsuits for violating laws which are not ‘clearly established’
How can a police brutality lawyer help me take legal action against a police officer in San Diego?
If a person lives in San Diego then there are pretty high chances that they have witnessed unfair acts done by police officers. If an individual feels like a police officer has disrespected them and violated their basic rights or the rights of a close family member then they should get in touch with a police brutality attorney in San Diego as soon as they possibly can.
A police officer may have qualified immunity for cases which are not clearly defined by the law but there are many cases for which an officer actually can be penalized.
What does not come under qualified immunity for a police officer?
Though there are many cases in which an officer will be granted qualified immunity when a suspect takes legal action against them, there are also many cases in which this qualified immunity does not apply.
Here are some cases in which qualified immunity will generally not be granted to the officer:
- A police officer confiscating a person’s property without their permission
- A police officer attacking an individual who is not threatening them
- A police officer using deadly arms without a valid cause
- A police officer misusing his authority for any sexual benefit
- A police officer dealing with drugs or helping with drug trafficking
If a person witnesses a police officer doing any of the above actions then they should not shy away from calling a lawyer in order to escalate the case further. Police officers have a very important role in society and if they are unable to uphold the law correctly then the entire way society works can begin to suffer. Individuals rely on police officers to protect them and their loved ones. If anyone sees a police officer acting in a criminal manner then they should definitely report the case to a lawyer so proper measures can be taken to ensure the injustice is not repeated again.