Criminal Police Misconduct
Police whose actions violate state or federal criminal statutes can be guilty of a crime, even if the officer was acting in their official capacity at the time.
There are many possible examples of criminal police misconduct, including;
- Bribery;
- Extortion;
- Receiving or fencing stolen property;
- Selling drugs;
- Sexual assault;
- Intentional false arrest;
- Intentional fabrication of evidence or evidence tampering.
If a police officer is charged with a crime as result of an incident in which a person is the victim, the person may serve as a witness in a criminal trial. However, the person does not recover damages from a criminal trial and is not a party to the legal action. To recover damages, the person needs to file a civil complaint in state or federal court
When Can the Police be Held Liable for Damages?
A law enforcement officer may be held liable for damages if they:
- Fail to perform their duties;
- Perform their duties negligently;
- Abuse their power; or
- Use excessive force.
There are two main categories of police liability:
- Liability for torts, or for civil wrongs; and
- Liability for civil rights violations.
What to Do If The Police Violate Your Rights
It is important to proceed carefully in claiming that a police officer has violated a person's rights or engaged in criminal conduct of which a person is the victim.
- The first step is to file a complaint with the police department or the internal affairs division of the police department where the officer is employed. It is generally a requirement that a person exhaust all administrative remedies before bringing a lawsuit; that means seeking a remedy from the agencies involved before turning to the courts;
- After reporting to the police department, the next step is to report the misconduct to the U.S. Department of Justice or the office of the U.S. Attorney;
- After the violations have been reported to the police department or the U.S. Attorney's office, a person may then proceed to filing a lawsuit in court against the police department and/or their officers.
It is important to remember that in a civil lawsuit it is the claimant who has the burden of proving that a police officer engaged in misconduct.
One issue that arises is whether to file suit in state or federal court. This can be a complex, technical legal question and that is why a person with a claim against the police for misconduct should consult an experienced criminal defense attorney.
What Damages Might I Receive From a Police Misconduct Laws?
Damages in a police misconduct lawsuit will vary depending on the severity of the misconduct and the nature of the injuries that a person suffers from such misconduct. The types of damages that one can recover in a police misconduct lawsuit include the following:
- Compensatory Damages: You will be compensated for such things as property damage, costs of medical care, loss of earnings if the person has missed work, and potential future loss of financial earnings;
- Aggravated Damages: Aggravated damages would be awarded in the exceptional case where the police conduct was especially egregious; aggravated damages would be awarded where the officer's conduct subjected a person to distress, embarrassment and humiliation;
- Exemplary Damages: These are awarded where the police conduct amounted to an oppressive, arbitrary or unconstitutional action; exemplary damages are intended to serve as a deterrent to future wrongdoing.
Each kind of damage must be justified by the evidence presented at a trial.
Do I Need a Lawyer for Help with Filing a Lawsuit against the Police?
If you believe that the police have violated your rights or have victimized you through criminal conduct, you may have a right to seek money damages for your injuries. It is important to speak to an experienced criminal defense lawyer immediately to help you find your way through the process of making a claim.
It is a challenge to succeed in claiming that a police officer committed misconduct, so you would definitely want an experienced criminal defense lawyer to represent you in a case of this kind.
