Amnesty defines police brutality as “various human rights violations” committed at the hands of the “police.” This might include beatings, racial abuse, unlawful killings, torture, or indiscriminate use of riot control agents at protests. At its worst, unlawful use of force by police can result in people being deprived of their right to life. If police force is unnecessary or excessive, it may also amount to torture or other ill-treatment.” Almost everyday people in America die at the hands of police officers in incidents that could have been handled differently and therefore prevented altogether. But after shots are fired, there’s no way of coming back from the loss of life and the trauma that it leaves behind for the families of the deceased. If you or a loved one have been the victims of police brutality in California, we suggest getting in touch with a police brutality attorney right away.
Challenges of Suing a Police Officer
According to the Civil Liberties Defense Center, “if you are a victim of police abuse, you might be considering whether to file a civil lawsuit (sometimes called a civil “action” or “complaint”). In a civil suit, you are the plaintiff, and the police officers and/or government entity are the defendants. A successful civil suit culminates in an award of monetary damages. In rare cases, it may also leaf to “injunctive relief”, such as an order or agreement that the police or policymakers do, or refrain from doing, one or more things. In all but the rarest cases, the municipality pays the settlement or judgment.” A seasoned attorney will help you pursue a case in which you or the relatives of the deceased can obtain compensation for the damage sustained as part of the police brutality incident that caused immense trauma to the victim or that took the life of a loved one.
When it comes to suing a police officer, there’s one big challenge, and it has to do with the legal protections police officers as well as other government officials are automatically afforded. “Qualified immunity” as its commonly known is a legal doctrine that protects police officers and other government officials from being prosecuted unless the case presented provides “clearly established law”. This law basically argues that unless a case against a police officer such as the one you have experienced, has been previously presented to the courts and the actions of the officer have been labeled as unconstitutional or illegal, there are no grounds for the case.
With a seasoned and knowledgeable police brutality attorney who is familiar with police brutality case law, however, your chances of pursuing a successful police brutality case greatly increase. This is why we recommend anyone who has been involved in a police brutality incident in Buchanan, California or has lost a loved one due to one, to reach out to an attorney straight away.