Nebraska – February 2, 2021

A civil liberties organization has initiated legal action against the city of Lincoln, police, and Lancaster County on behalf of a woman whose nose was nearly severed when an officer shot her in the face with a rubber bullet during protests over racial injustice last year. The use of police force, or questionable arrest actions may be a violation of civil rights and considered to be a form of police brutality.  When individuals have been injured, or suffered at the hands of Nebraska law enforcement personnel, a police brutality lawyer may be able to help.

Bias-based profiling encounter.

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.  Racial profiling hinders effective police presence in the communities because it destroys trust and respect.  When Lincoln citizens are being stopped, searched, arrested, demeaned, and become victims of aggressive police encounters, then reducing criminal activities becomes harder because communities will not assist law enforcement officers.

Excessive force.

Excessive force is described as using continued force, even after a criminal has been subdued and has been justified in high intensity situations where the potential for serious bodily harm, mass bodily harm, and death were present.  Police brutality is an illegal and actionable offense to be remedied by affected persons, when misguided police officers overstep the boundaries of their “allowed use of force” as defined by individual State and local policy based in part, upon the Fourth Amendment of the United States Constitution.  Victims of excessive force should consult with experienced legal counsel to discuss viable options to recover for personal injury.

Lincoln Police Department policy.

The Lincoln Police Department has policies against biased policing and clarifies that employees shall not use race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or other identifiable groups as motivating factors for law enforcement decisions or actions, unless these classifications comprise part of the physical description of an individual sought for lawful purposes. Unbiased policing assures the public that the department serves the public and enforces laws in an equitable way. They also utilize the “Use of Force Continuum.” This continuum aids officers in utilizing proper levels of control based upon the level of resistance being exhibited by a suspect. Despite training, an officer may act inappropriately in the field and cause damage to citizens.  A police brutality attorney can guide victims of harm in these cases.

Victim action.

Victims who have been illegally detained, or met with excessive force by a Lincoln Police Officer in Nebraska should not escalate the situation by counter aggression.  Eye-witnesses are important, try to collect names and contact information.  Take photos at the scene, or video-tape the encounter if possible.  Get medical attention to assess injuries and collect a formal report by a physician to support a case in a court of law. Victims should file a misconduct report with a supervisor, or higher authority of law, if they are afraid to do so with the Lincoln Police Department, and  hire an attorney  who can file a complaint with the Department of Justice, and initiate a civil, or criminal suit when appropriate.

Hire a lawyer.

When individuals are victims of police brutality , they should professional legal help to file a claim and have a lawyer review the case toward damage compensation.  Damages may include hospital/medical expenses; past and future permanent disability payments; emotional distress including depression and anxiety; loss of enjoyment of life; physical pain and suffering; and loss of love and companionship due to a death or serious injury caused by police brutality through excessive force and bias-based profiling.

Sources:

https://www.usnews.com/news/best-states/nebraska/articles/2021-02-02/lincoln-police-who-shot-woman-in-face-during-protests-sued

https://www.lincoln.ne.gov/City/Departments/Police/About-LPD/Transparency/Use-of-Control-Training-and-Statistics

https://www.lincoln.ne.gov/City/Departments/Police/About-LPD/Transparency

https://nebraskalegislature.gov/laws/statutes.php?statute=28-1412