Victims of police brutality often find themselves in a sort of paradoxical situation in which they need to reach out for help but they are not quite sure who to reach out to. When it comes to nearly every other crime the first body of authority a person reaches out to are police officers. However, when a person is assaulted or treated very unjustly by an officer themselves then it can be confusing on what steps need to be taken next in order to get proper justice.
A police brutality lawyer in Greenville, SC can inform a person of their rights and guide them through the formalities of filing a complaint against the officer. If a person is looking to pursue legal action against an officer then they will definitely find that the procedure is very different from filing a lawsuit against a regular person. For the most part, officers have immunity to lawsuits and individuals who have had encounters with them are not allowed to sue them unless they have a very extreme case.
This may not seem to make a lot of sense but officers are given this protection because individuals who are being arrested or accused of a crime have an obvious reason to try and litigate unjustly against the officer. This rule of immunity has been put forward in order to prevent a lot of time from being wasted in the courtroom.
Though it may seem like officers can get away with anything due to their immunity, the good news is there are actually quite a few laws out there which prevent an officer from getting away with misconduct. The United States Department of Justice (DOJ) enforces certain laws which help protect the rights of the general public against acts of brutality done by a police officer. The Police Misconduct Provision is one of them.
What is the Police Misconduct Provision?
The Police Misconduct Provision is a law which states that police officers are not allowed to deprive any of the basic human rights (which are mentioned in the Constitution) of any individual. It is important to note that officers will only be held to account for this behavior under this law if the Department of Justice can prove that there was a repeated pattern of incidences and that this misconduct was just not one isolated case.
If the Department of Justice is able to prove the pattern of misconduct in court then the victim will generally not be given monetary relief, but they will be given protection by the law as the officer will be given a warning and may even lose their position depending on how intense the misconduct was. The police department of that particular area will also most likely be ordered to change their policies and to take measures in order to ensure that such cases of police abuse and brutality are reduced as much as they can be.