A police officer’s duty is to protect people and property by responding to calls, enforcing the law, making arrests, issuing citations, and testifying in court cases. Unfortunately, there are cases when police officers abuse their power and violate the rights of citizens. A victim of police misconduct may go through federal and state laws to make a claim. Civil rights laws allow victims to seek compensatory and punitive damages.
However, it can be difficult to identify police misconduct and what you can do to seek compensation. There are various actions that could be considered police misconduct.
What Is Police Misconduct?
- Physical assault
For a police officer to be found guilty of excessive force will primarily depend on the situation. The question will hinge on if the situation required the police officer to use additional force to detain the victim or if it was not required and the officer used excessive force anyways.
- Sexual misconduct
This is when a police officer engages in non-consensual sexual contact with people in their custody. Citizens have the right to bodily integrity, and a police officer can be held liable for breaching this right.
- Deliberate indifference to a serious medical condition or a substantial risk of harm
Section 242 prohibits a law enforcement officer from acting with deliberate indifference to a substantial risk of harm to people in their custody. Specifically, an officer cannot ignore a serious medical condition of or risk of serious harm.
- Failure to intervene
An officer who purposefully allows a fellow officer to violate a victim’s constitutional rights may be prosecuted for failure to intervene or to stop the constitutional violation. To prosecute such an officer, the victim must show that the defendant officer was aware of the violations being made and had the opportunity to intervene but failed to do so.
Contact a Police Misconduct Attorney
If a police officer has violated your rights by using excessive physical assault or any of the other types of police misconduct, you have the right to seek compensation. We will fight diligently to get the evidence needed to make your case. We can also represent you in a case against the infringing officer or police department.
We have the knowledge and experience needed to successfully handle any police misconduct case as well as a criminal case. Contact us today (954) 543-1788!