Police officers are not permitted to violate civil rights through brutality.  Legal action is always available if  a formal complaint is not acted upon and you may need to contact an attorney.

News headlines increase public distrust.

Deviant police officer acts and allegations of misconduct claim national headlines almost every day in the United States.  The variations of police brutality identified in those headlines have made even the most law-abiding citizen nervous about a potential interaction with a police officer.

New Orleans PD complaint transparency.

New Orleans Law Enforcement has recognized the lack of trust and declining community support for officers to safely interact in communities, and realizes that one bad officer can reflect poorly on a whole department.  New Orleans has a policy for complaints and a transparent public database that includes complaint types and actions taken to address them.  This public transparency is one effort to rebuild public trust. You can make a formal complaint for police brutality action if you have been a victim of any form including:

  • Excessive Force – utilizing more physical force than necessary to subdue a criminal causing bodily harm or death.
  • False Arrest and Wrongful Imprisonment – unlawful restraint of a person’s freedom of movement by another acting in perceived accordance with the law.
  • Wrongful Search and Seizure Activity – protection from “unreasonable searches and seizures” notwithstanding probable cause enabling a search warrant.
  • Sexual Assault – sexual harassment or abuse, under the guise of professional employment as a law officer.
  • Racial and Gender Discrimination – bias-based policing is the intentional practice by an individual law enforcement officer who incorporates prejudicial judgments based on race, ethnicity, gender, sexual orientation, economic status, religious beliefs, or age that are inappropriately applied in the performance of his/her duties.

Formal complaint.

If you are concerned about making a citizen complaint at the New Orleans Police Department, you should:

  1. Complete a written complaint and keep a copy of it. If you mail it in, do so via certified mail with proof of receipt.
  2. Outline the misconduct allegation and request a formal investigation.
  3. Make the complaint as soon as, or close to the time the incident occurred so details are sharp.
  4. If there are witnesses to the offense, make sure their account of the incident does not go against yours.
  5. If you have photos of bruises or cuts you sustained due to any attack, see a doctor right away to document the assault injuries.
  6. You could send copies to the supervising officer of the abuser, the police chief and the department of internal affairs to make sure the situation does not go unnoticed.
  7. Get a police complaint form from the department website or by having someone go and pick it up.

Legal recourse.

There are various federal and state laws including the First, Fourth and Fourteenth Amendments, Title 6 of the Civil Rights Act, Title 42 United States Code, Americans with Disabilities Act, and Louisiana State Code, that insure remedy to individuals who have suffered the negative effects of police brutality.

Contact an attorney.

If you are a victim of police brutality abuse at the hands of a New Orleans Police Officer, contact an attorney at the Law Offices of Ricci Partners, LLC so they can review your case to see if you can sue for damages.  Damages may include hospital/medical expenses; past and future permanent disability payments; emotional distress including depression and anxiety; loss of enjoyment of life; pain and suffering; and loss of love and companionship due to your injuries.

Sources:

http://nopdconsent.azurewebsites.net/Media/Default/Documents/Chapter%2052.1.1,%20Complaint%20Investigation.pdf

https://www.law.cornell.edu/constitution/amendmentxiv

https://www.law.cornell.edu/constitution/fourth_amendment

https://www.law.cornell.edu/constitution/first_amendment

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *