Albuquerque investigation uncovers widespread police misconduct. What laws are available to protect the public?

The city of Albuquerque, New Mexico has had severe issues with police misconduct. Millions of dollars were paid out to victims and their families over a three year period, due to officers who used unnecessary force to injure or kill several people. 

A prior investigation into the Albuquerque Police over 16 months uncovered numerous instances of misconduct, including 21 fatal shootings. 

Albuquerque police routinely harmed or killed individuals who posed a minimal threat

Some highlights include one incident that involved a victim who was already lying on the ground motionless while he was shot. Other use of force investigations found that unarmed suspects were routinely hurt by firearms and tasers. A situation involving a man who poured gasoline on himself resulted in severe burns after officers unleashed tasers on the suspect and ignited the gasoline. One complaint was received when an elderly man was tased, bitten by a police dog, and hit with multiple riot beanbags when 47 officers responded to his house because he got into a verbal argument with his neighbor. 

Other incidents resulted in injuries to mentally ill individuals. 

The report detailed how federal law requires there to be an imminent threat of serious harm or death to officers or bystanders to use deadly force during a response to crime in progress. Most of the incidents reviewed did not meet that standard. The city had to pay out over $24 million of taxpayer money in legal settlements. 

The most thorough problem was a systematic lack of oversight and accountability. Out of all of the use of force cases that went through the investigation process, few supervisors viewed the officer’s version of events with skepticism. This resulted in many investigations ending quickly without any kind of corrective measures or discipline. The department only concluded that use of force was unreasonable in less than one percent of the cases they reviewed during the period. 

Many civil rights advocates in the Albuquerque area claim that police should be subject to more thorough oversight, but there are law enforcement unions and police chiefs who consistently fight against these ideas, making reforms difficult. 

Laws that protect the public from police violence

Whenever someone is wrongfully arrested, hurt, or even killed by police officers there are ways to file a civil lawsuit against the department. Relevant civil rights laws say that it is illegal for anyone in a government position, including police, to use their authority to deprive someone of their rights. These laws form the basis for most cases against police around the country. In rare cases, the officers may be charged criminally by their local prosecutor for misconduct, but this does not happen often. 

Your attorney can collect evidence from the scene in the form of videos, photos, witness testimony, or medical records related to injuries. All of these items may be introduced as evidence in a related lawsuit to prove the amount of damage caused by the police. Cases where officers go outside of their use of force protocols and injure harmless suspects are generally the most valuable in civil court. 

Get relief after becoming a victim of police violence

To learn more about the possibility of a lawsuit related to police brutality and misconduct in Albuquerque, contact The Law Office of Brian K. Branch.