Maybe you have never been personally affected by police brutality, but perhaps you know someone who has. Oftentimes a sense of shame can prevent those who have had vicious encounters with the police from coming forward and getting the help they need. One way to ensure that justice is achieved in these police brutality cases is by getting in touch with an experienced and sagacious police brutality attorney in Arizonawho can fearlessly advocate for your civil rights and make sure that the opposing party is held to account. If you have already considered suing a police officer on the merits of police brutality, we have answers to the lingering questions you may have surrounding this issue.
How Do I Sue for Police Brutality?
According to Free Advice, “Federal and state laws protect citizens from abuse and other violations by government officials, such as police officers. Victims of abuse by police can sue the officers individually as well as the local governments that employ them. Typically, people sue the police under Section 1983 of the Civil Rights Act of 1871. This law is known simply as Section 1983, and it specifically prohibits anyone acting under the authority of the law from violating another person’s civil rights under the U.S. Constitution.” To successfully pursue a case against a police officer, a pattern of misbehavior must be demonstrated by the victim, as does “probable cause” in the event of a “false arrest” and if the victim was treated with ‘excessive force’ since there isn’t a “concrete definition” of the term, it is up to the plaintiff to “show that his or her particular situation did not call for the amount of forced used by police.”
How Hard Is It to Sue a Cop?
Suing a police officer can be a challenging process because of the legal protections they are endowed with. Government officials, including police officers, are protected by something called ‘qualified immunity’ which the Institute for Justice defines as “a special protection for government officials the U.S. Supreme Court created in 1982 as an act of judicial policymaking,” which makes government officials “immune from liability.” Under this protection, “government officials can only be held accountable for violating someone’s rights if a court has previously ruled that it was “clearly established” those precise actions were unconstitutional.” But if “U.S. Supreme Court or a federal appeals court in the same jurisdiction” has not set precedent stating that the action is illegal or unconstitutional then proceeding with a case becomes more challenging.
Reach Out to a Police Brutality Attorney in Asher, Arizona
Sure, suing a police officer may not be easy but embarking on the process with the help of an experienced and knowledgeable attorney who is familiarized with police brutality case law can make a world of difference. If you are thinking about suing for police brutality in Asher, Arizona, we recommend getting in touch with a seasoned attorney before proceeding.