Sometimes encounters with police a have violent, troubling or lethal outcomes. Most police are wholly aware of your rights and will take great pains to avoid violating them, but the fact that there are occasions in which police officers are unnecessarily brutal or engage in misconduct cannot be ignored. Victims of police brutality or excessive use of force might be able to seek compensation for the injuries and other economic damages.
What are My Rights?
Federal law and Minnesota law, citizens are protected from abuse by an officer, agent or another governmental official. Those legal protections are encoded in the U.S. Constitution and the Civil Rights Act of 1871 Section 1983.
The Civil Rights Act of 1871 Section 1983 states that it is illegal for a federal, state or municipal government employee to violate a citizen’s constitutional rights. An employee who does is vulnerable to federal or local prosecution, an Internal Affairs complaint or a civil suit.
What If I am the Victim of Police Brutality?
To prove you have a valid excessive use of force complaint, you need abundant evidence including any bloodied clothing, medical records, video or audio recordings. Once you’ve preserved any evidence you can, USattorneys.com recommends you meet with a police brutality lawyer and let them begin gathering evidence, investigating and building your personal injury or wrongful death claim.
What Are the Downfalls of Filing a Police Brutality Suit?
Filing a police brutality claim is not an easy endeavor, but it is a victim’s best course of action. It is possible to file criminal charges and insist on an Internal Affairs investigation, but those options move forward slowly and do nothing to help a victim with their unexpected expenses.
If you are facing criminal charges, filing an excessive force complaint can jeopardize your defense because you will have to give a sworn statement which means you could say something incriminating and could harm your criminal defense.
Another hurdle you will encounter is “qualified immunity,” protection that shields officers from lawsuits. Law enforcement officersencounter situations that require them to make split second decisions, and qualified immunity gives them the leeway they must have to perform their duties. Qualified immunity does not apply if an officer used unreasonable force or acted negligently.
Speak with a Police Brutality Lawyer Immediately
You should talk to a police brutality lawyer in Minnesota to learn more about the advantages and disadvantages of pursuing civil action. They will explain what you can expect from the process and what challenges you face. You can file a police misconduct claim if you were:
Punched, kicked or
USattorneys has police brutality lawyers in all areas of Minnesota. You can set up a case evaluation and get whatever information you need to help you make up your mind about how to proceed with your case. You’ll have a better chance of getting a generous settlement if you let one of our knowledgeable lawyers represent you.