Police misconduct is a concerning issue for the public as it often leads to innocent individuals being harassed, harmed, and even killed by law enforcement officers. If an individual is being harassed by a police officer in Colorado, there are certain laws that protect them from such behavior. For instance, the Police Misconduct Provision makes it “unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the U.S.”
Some of the types of behavior the Police Misconduct Provision protects individuals against include:
- Excessive force
- Discriminatory harassment
- False arrests
- Coercive sexual conduct
- Unlawful stops, searches, or arrests
This law will only protect individuals when the misconduct is a continued pattern or practice and is not an isolated incident. Additionally, this law looks to correct the behavior and change department policies in order to prevent it from happening again. If an individual evokes their rights under this law, they would not be entitled to recover financial relief.
Therefore, if an individual is constantly being pulled over by the same police officer or multiple officers who are employed with the same police department who have no probable cause to make the stop, they may be protected by the Police Misconduct Provision.
Can an individual sue a police department over harassment?
Although the Police Misconduct Provision looks to put an end to the misconduct rather than provide a victim with financial relief, it doesn’t mean they are barred from recovering compensation for the pain and suffering they experience as a result of an officer’s misconduct. If an individual is being harassed by a Colorado police officer, whether they are being pulled over for no reason, have been arrested because of their race, or because an officer has a personal issue with them, they do hold the right to file a civil lawsuit against the department and even the officer.
Suing a Colorado Police Department Over Harassment Allegations
Individuals who have been harassed by a Colorado police officer, whether it was an isolated incident or an ongoing issue, should contact a Colorado police brutality lawyer to find out if they have the grounds to file a civil lawsuit. A civil lawsuit would allow for a victim of police misconduct to request that the court order the department or the officer to provide them with financial relief for things like:
- Pain and suffering
- Mental anguish
- Medical expenses, if the harassment led to injuries being sustained
If an individual needs help in understanding their legal rights and how they can be exercised to combat police brutality and misconduct, they can contact Bryan & Terrill Law, PLLC for legal assistance. The Colorado police brutality lawyers at Bryan & Terrill Law, PLLC will be happy to take the time to explore the legal remedies a victim of police misconduct can take as well as why it benefits to retain an attorney after being harassed by an officer.
Bryan & Terrill Law, PLLC can be reached at:
333 W. Hampden Avenue, #420B
Englewood, CO 80110