When a police officer is guilty of violating a person’s rights then putting that officer to justice may be necessary but it can get a little complicated. Cases of having one’s rights violated by regular citizens are not as complex because a person can generally just call the police station to complain and the officers help them take care of the rest. However, when the officer is the one who is guilty in the first place, the complaints that are filed need to be sent to the correct department.
Another hurdle that needs to be overlooked is that individuals must overcome the qualified immunity that officers are granted by the law. Police officers often go too far with the way they arrest individuals because they know they have immunity from most lawsuits. However, their use of excessive force should be reported to reduce the number of cases that are occurring regularly.
The Constitution protects every individual from having their civil rights violated. The best way to react after an officer violates a person’s rights is by calling a police brutality attorney. Depending on the state a person resides in, the officer may have leeway from the government concerning their actions and even in their use of excessive force. Police officers can hurt another person if they feel like that person is a threat to society. However, if the victim was harmless and unarmed yet they were still beaten harshly by the officer they can be questioned by the law.
A lawyer who is experienced in dealing with police brutality cases can help a person figure out whether the officer’s actions violated their rights or if the officer was just doing their job. If a person’s rights have been violated, then the attorney will help them collect the required pieces of evidence to convince the court that the actions of the officer were baseless.
According to Section 1983, government bodies and figures of authority can not take away a person’s civil rights. The immunity granted to officers is limited to when an officer has not violated a person’s constitutional rights. The moment the officer crosses this line they can be held accountable for their actions at a legal level.
Where do I file my complaint against the officer?
When a person decides to file their complaint, they should do so with the Department of Justice and with the relevant department of the police station in their State. An attorney can help a person discern whether they should litigate against the officer or if filing complaints with the DOJ and the police station are enough for their specific case.
The most common accusations made against officers are those of excessive force, false arrest, and malicious prosecution. Also, if an officer fails to intervene when another officer is committing any act of brutality that other officer may be held legally responsible as well. Anyone who has had their rights violated by an officer should get in touch with a lawyer to begin the process of filing a formal complaint with the DOJ, the police department, and possibly even the court.