You might be arrested. But it may be an unlawful arrest in a violation of civil rights and considered to be a form of police brutality. An arrest occurring in March of 2016 revealed this type of encounter whereby police kept insisting that a citizen answer them while they were walking in a group after a night out. The man who was arrested acknowledged the police and said that his girlfriend did not have to answer the questions repeatedly asked. The police kept on asking and followed them to a restaurant where Lincoln Police eventually became physical with Mr. Deezia and escalated the situation causing him to be beaten unconscious and suffer cuts, bruises and a broken shoulder blade. He was falsely and negligently arrested and imprisoned on misdemeanor charges of obstructing a peace officer and resisting arrest and met with excessive and unreasonable force from a police officer.
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. If 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.
Mr. Deezia believed this was a racially-motivated encounter. Police claim that Mr. Deezia physically prevented them from asking his friends questions when in fact the first physical move was made by the police pushing Mr. Deezia escalating the encounter to personal injury and arrest, and Mr. Deezia acknowledged that he did not physically prevent the law officers from doing their job. The case was set for settlement activity in January 2019 after the judge allowed the excessive force lawsuit against the Lincoln Police Department to proceed.
Excessive force is the term 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.
Lincoln Police Department Information.
The Lincoln Police Department General Order Number 1490 outlines the unbiased policing policy 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. These decisions include, but are not limited to, arrests, detentions, field contacts, vehicle stops, searches, property seizures and asset forfeiture. Unbiased policing assures the public that the department serves the public and enforces laws in an equitable way. In 2017, the formal complaints against a member of the Lincoln Police Department doubled to 30 from 15 complaints in 2016, and 321 informal complaints were investigated by the internal affairs unit. De-escalation training is not required in Nebraska.
Know Your Rights and Legally Fight Back With a Formal Complaint or a Lawsuit.
If you have been illegally detained or met with excessive force by a Lincoln Police Officer in Nebraska, do not escalate the situation by counter aggression. Let them arrest you and when you get to a place where there are more people, not just law enforcement officers, tell your side of the story. If you believe the detainment or verbal harassment is due to racial profiling or biased policing, make sure you have evidence. Eye-witnesses are important, get names and contact information. Take photos at the scene or video-tape incident or if you suspect someone videotaped incident, ask them for help. Get medical attention to assess your injuries and get a formal report by physician so you will have it if you need it for proof in a court of law. File a misconduct report with a supervisor or higher authority of law, if you are afraid to do so with the Lincoln Police Department, hire an attorney or file a complaint with the Department of Justice.
Contact a Lawyer.
If you feel you have been a victim of excessive force and/or bias-based profiling by a Lincoln Police Officer in Nebraska, you should seek professional legal help to file a claim and have them review your case to see if you can sue for damages. 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.