Are You a Victim of Police Brutality?
The duty of every police officer is to help prevent crime and keep the people safe. Many police officers are serious and dedicated to their jobs of protecting the public. We owe the safety of our community to these law enforcement professionals.
However, although this can be said of a majority of police officers, there are also others who are not so keen about keeping their sworn duty of protecting the people, instead they violate the rights of law-abiding citizens. Any victim of police brutality has the right to make a legal claim against an abusive police officer and the police department where they work.
Sometimes police brutality can injury or even kill innocent victims and when this happens, you should seek the help of a police brutality lawyer who has knowledge and experience in police brutality and civil rights laws.
It is a fact that police are given broad authority to carry out their duties as they should. These powers, however, are limited. A police officer going beyond the limits of his authority and causing injury to individuals can be liable for police bruatilyt and abuse.
Below are some types of legal claims arising from police brutality or abuse.
Police may only use force that is reasonably necessary to carry out their lawful duties. There are many factors that affect a claim of excessive force like the reason why the police attempted to stop or arrest an individual, the way the person responded to the police requests or demands, and the circumstances surrounding the encounter.
Police are only allowed to use force when necessary. They should not hit, rough up, or hurt a person who is unarmed, acts in a non-threatening manner, and follows directions. Aggression in a restrained individual is not a license for police to keep on using force on him. Any legal claim for excessive force must be based on injury resulting from force beyond whatever was necessary.
You can file claim for false arrest if you are taken into custody without an arrest warrant and without probable cause. A police will have probable cause if he actually saw the person commit a serious crime or had reasonable belief that he was just about to commit one. When police lack legal jurisdiction, the person taken into custody may have a claim for false arrest.
Proof that the law enforcement officers were careless or negligent is not enough to succeed in this type of case. The victim must have evidence that police knew they were acting in an unreasonable or unlawful manner, and intentionally caused injury. Only an experienced attorney can handle a police brutality case. It will take a careful investigation by the attorney to establish your claims.