Occasionally, police officers go beyond their legal boundaries, breaking the law or violating citizens’ constitutional rights. When this happens, the right legal team can bring justice and compensation for victims of police misconduct and brutality.
If you’ve been the victim of police brutality, take your first step towards compensation by getting in touch with an experienced Nevada-based police brutality lawyer. They can tell you if you have a case worth pursuing. If you do end up receiving compensation from a police department, you will join many who have won settlements against our law enforcement organizations.
Is it hard to sue a cop?
Generally, it’s difficult to sue the police. First of all, the police and the government have a huge pool of financial resources to fight any legal battle to the bitter end.
Second of all, the police are granted “qualified immunity” which allows them to do certain things if they feel it’s necessary to apprehend a suspect, solve a crime, or de-escalate some type of conflict.
This means that even if a police officer acts in a seemingly brutal way causing injury or death, they still may be able to argue in court that their actions were justified based on the circumstance. These arguments are largely subjective, but come down to a few key things:
The United States Constitution grants all citizens protection from unreasonable search and seizure, as well as cruel or unusual punishments.
This means that the police need to prove that they had a legitimate reason for wanting to interact with you. They’re not allowed to just “guess” that you are committing a crime and arrest you. Additionally, if they do arrest you for legitimately committing a crime, they have to maintain reasonable standards in looking after you while you are in their custody.
For example, if you never resisted arrest and you’re already apprehended, they cannot:
- Continue to tase you
- Use their gun
- Allow their K9 dogs to bite you
- Beat you with batons or flashlights
- Punch, kick, or choke you
Any arrest or use of force has to be justified under the circumstance, otherwise, you may be able to sue for:
- Wrongful arrest
- Violation of 4th Amendment
- Violation of 8th Amendment
- Personal injury
- Excessive use of weapons
- Unlawful detention
- Racial profiling
Depending on the case and what your attorney advises, you may want to file a criminal complaint with the local Nevada District Attorney. In Las Vegas, it’s possible to file a complaint directly with the Las Vegas Metropolitan Police Department Citizen Review Board, who may then escalate the case further.
Compensation for police misconduct varies greatly depending on what happened. Sometimes a wrongful arrest may only yield $1,000-$5,000, whereas personal injury or wrongful death can bring compensation well into the seven figures.
If you’ve been the victim of police brutality in Las Vegas, Nevada, get in touch with an experienced nearby police brutality attorney who’s already waiting to get you results.