When an individual’s rights have been violated by a police officer, they can file a lawsuit against the officer and his/her department. For example, if a police officer conducts an unlawful search and seizure, meaning they had no valid reason for conducting the search but did so because of a person’s race or ethnicity, they are said to be violating their Fourth Amendment rights of the U.S. Constitution. Because police officers are not above the law and do not hold the right to violate another individuals’ Constitutional rights, they can be held liable for their actions.

Generally, when an individual is looking to file a lawsuit, it is because they (1) want to recognize a party for their behavior or negligence, and (2) are seeking damages for their physical and/or psychological injuries. Damages can include things like pain and suffering, mental anguish, etc. When suing a police department, an individual will need to show that an officer did violate their rights and that they suffered as a result of it.

For instance, if someone were violently arrested and had to hire a CA criminal defense lawyer to help fight charges that were falsely filed against them, that individual could seek compensation for any of the following that apply:

  • Pain and suffering
  • Medical bills, if they had to seek treatment for their injuries
  • Mental anguish
  • Embarrassment
  • Attorney fees
  • Court costs
  • Additional expenses they incurred as a result of being falsely arrested

 

Steps to Take Before Filing a Lawsuit Against a Police Department in California

 

Some states require that an individual formally notify the department of their intent to sue. Because laws vary by state and county, it is best to find out from a California police brutality lawyer whether a victim of officer misconduct needs to notify a department before they decide to sue.

This is a very important step that should not be overlooked as it could result in an individual being barred from filing their lawsuit.

 

Deciding Who to Sue Over Officer Misconduct

 

As previously mentioned, an individual does have the right to sue a police officer and even the department they work for when their rights have been violated. But how does a victim know which party to sue? Because the answer depends on the circumstances surrounding the incident, it is best to let a California police brutality attorney determine this.

 

Contact USAttorneys.com for Help with Filing a Police Brutality Lawsuit in California

 

If an individual is a victim of police brutality and they wish to file a lawsuit against the police officer who harmed them or the department they work for, they are encouraged to retain a police brutality lawyer in California for legal help. USAttorneys.com can help an individual get connected with a lawyer in their area who has the experience and skill needed to seek the justice they deserve.

No matter where an individual lives, whether it be in Los Angeles, San Diego, or San Jose, USAttorneys.com will help a victim of police misconduct find a qualified lawyer who is closest to them.