According to Mapping Police Violence, “police killed 1,127 people in 2020. Black people were 28% of those killed by police in 2020 despite being only 13% of the population. Black people are three times more likely to be killed by police than white people, and 1.3 times more likely to be unarmed compared to white people.” This data reveals what many black and brown people in the United States already knew, that their communities continue to be disproportionately affected by police brutality. Oftentimes, as difficult as it may be the only plausible solution is suing the police officer(s) responsible for your assault. But this endeavor can only succeed with the help of an experienced and knowledgeable police brutality attorney in Arkansas by your side.
Is It Possible to Sue a Police Officer in Arkansas?
Police brutality cases are particularly difficult to prosecute. Why? You may ask. The challenge when it comes to suing police officers is mostly linked to the legal protections they hold as government employees. Among these protections is that of ‘qualified immunity’, which according to Congressional Research Service, “is a judicially created legal doctrine that shields government officials performing discretionary duties from civil liability in cases involving the deprivation of statutory or constitutional rights. Government officials are entitled to qualified immunity so long as their actions do not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” ‘Clearly established’ in this case means that the United States’ Supreme Court or a federal appeals court in the same jurisdiction has previously declared a similar case as illegal or unconstitutional under the law.
Embarking on the Process of Suing a Police Officer?
Given the aforementioned protection, the plaintiff must demonstrate precedent for the case he or she is arguing against, must show a pattern of misbehavior by the police officer in question, probable cause in the event of a ‘false arrest’, and proof that the officer operated with ‘excessive force’. Since the term ‘excessive force’ is not expressly defined what the plaintiff must show is that his or her particular situation did not demand the officer’s response. Although this sounds like a difficult endeavor, the process is made much easier when you count with the assistance of an attorney with knowledge of police brutality case law who knows what precedents you can make use of.
If you or someone you know has lived through an incident of police brutality, we recommend contacting a police brutality attorney in Almond, Arkansas right away. They will be able to help you prepare an unwavering case against the police officer at fault, so that you can obtain the compensation and justice you deserve.