Are You the Victim of Police Misconduct in Omaha? A Police Brutality Lawyer Can Help
Has a police officer violated your constitutional rights? Did you have a troubling encounter with a police officer? Would you like to file an excessive use of force complaint?
If your answer was “Yes” to any of those questions, let USAttorneys.com connect you with a police brutality lawyer in Omaha. You can set up a consultation to talk about your case and decide if you have a valid civil claim. If you do, you may be eligible for your economic losses and emotional distress. If an officer causes injuries or death, the victims are also eligible to compensation for their medical expenses and funeral costs.
Here Are Some Surprising Facts About Police Brutality in the U.S. and Nebraska:
75 percent of excessive use of force complaints involve physical abuse (Bureau of Justice Statistics)
963 people were killed by police in 2016 (The Washington Post)
In 2016, 244 people shot by police suffered from a mental illness (WP)
Between 2002 and 2011, Americans over age 16 had an average of 44 million face-to-face contacts with law enforcement officers. Of those encounters, just 1.6 percent involved verbal or physical force. (BJS)
What is Use of Force? Excessive Use of Force?
The National Institute of Justice says the use of force: “becomes necessary and is permitted under specific circumstances, such as in self-defense or in defense of another individual or group.” So, excessive use of force would be the use of more than necessary, such as shooting an unarmed suspect.
You have rights. If an officer violates those rights, you should speak with police misconduct lawyer as soon as you can.
Under federal statute 42 U.S.C. § 1983: Civil action for deprivation of rights, individuals who are harmed by an officer who used excessive force, or the family of a person killed by deadly force, can pursue civil action and ask for economic damages. Since very few officers are prosecuted for illegal forms of misconduct, a civil lawsuit is a victim’s means of obtaining justice.
Four Common Police Officer Abuses:
You have constitutional protections against unreasonable searches and seizures. An office must have probable cause to conduct a traffic stop, a street stop, or place you under arrest. In most circumstances, an officer must obtain a warrant to place you under arrest. If an officer violates your constitutional rights, does not meet probable cause standards or has not obtained a warrant, your arrest may not be valid.
Policing is a dangerous job and officers deal with violent people every day, so they need some leeway to perform their jobs and subdue dangerous individuals. State and federal law allow officers to use some force to stop a suspect, but some officers go overboard and use excessive or deadly force. Some examples of excessive force include:
- Hitting, punching, kicking or shoving a suspect
- Using a chokehold
- Shooting an unarmed suspect
- Slamming a suspect’s head on the pavement or a vehicle
- Misuse of a taser gun
- Racial profiling
- False arrest
- Planting evidence
- Unlawful search or seizure
- Wrongful death
As we mentioned above, an officer cannot search, your car, your person or property without your permission or a search warrant. Any evidence obtained by an unlawful search is not permissible in court, but before you even get to that stage, you’ll have an arrest record.
Planting Drugs or Other Evidence
Funding for law enforcement agencies is tied to the number of arrests they conduct, and some officers are eager to move up the ranks. So, for a few officers planting evidence on a suspect is the best way to get an arrest and can secure a conviction. Most judges and juries are going to believe a police officer before they’ll believe someone arrested for a crime. Such actions are an egregious violation of your constitutional rights and the basis for a strong civil suit if you can prove it.
What Can a Police Brutality Lawyer Do for Me?
Were you falsely arrested? Did an officer hit, kick or punch you? Were you held at gunpoint? Did an office put you in a choke hold? Did they rough you up? Plant evidence on you? Wrongfully arrest you?
A yes to any of those questions above and you should get legal counsel right away. USAttorneys.com has listings for police misconduct attorneys in Omaha who understand the complexities of claims against an officer or law enforcement agency.
What are the Challenges of a Police Brutality Claims?
Claims Against a Government Agency
In Nebraska, you have only two years from the date of your injury to file a personal injury or wrongful death claim. You must file your claim with the State Claims Board at the address below.
State Claims Board
301 Centennial Mall S # 1,
Lincoln, NE 68508
Not only do you have a limited time to file your claim, but you will also be up against entities with extensive legal experience. You need to match that experience by hiring an accomplished police brutality lawyer. Police brutality and misconduct cases have a high burden of proof, so you need legal assistance.
One of the challenges of proving police misconduct is the concept of qualified immunity. Under this standard, an individual officer cannot be subjected to civil action; instead, the police forces and municipality are financially accountable. This doctrine also gives officers the broad discretion to use force when they are in danger. That can be subjective, and the law tends to favor the police.
It is very difficult to succeed with a police misconduct claim, but our lawyers are up to the task. USAttorneys can help you connect with a civil action lawyer today. Our goal is to connect you with excellent legal representation.
Don’t wait to get a police brutality lawyer’s advice, call and set up a consultation today.
USAttorneys Omaha office:
1299 Farnam Street
Omaha, NE 68102