California Police Misconduct Lawyers – Police Brutality
With the rising cases of police brutality among citizens, it is important for one to know that they have rights once they are arrested which are under the constitution.
Civil rights groups encourage you to report police brutality to ensure police are accountable and those who are rogue and who don’t adhere to the rule of law are brought to book.
Police who misconduct themselves can be held liable. These are some of the common types of police misconduct;
- Illegal searches
- The use of unnecessary force
- Planting evidence
- Failing to read Miranda rights to the suspect
- Illegal seizure of property
Police Misconduct Statistics
In 2015, according to Human Rights Watch, 950 people were killed by police unlawfully. Chances of a black person being killed by the police are 3 times high as compared to a white person.
Statistics also shows that Black Americans are two times more likely to be killed even when they are unarmed as compared to white people. 32% of black people that were killed in 2015 were unarmed as compared to 25% Hispanic and Latino people, and 15% Whites.
Native Americans are also victims of police brutality. There are a total of 5.1 million Native Americans who include Alaska Natives and American Indians in the United States.
According to the Centers for Disease Control and Prevention based on their 1999 – 2013 data, findings were that the rate at which Native Americans are killed is almost equal to that of Black Americans. Even police reports can be wrong so you always want to protect yourself in any situation.
For immediate help call Avrek Law at 866-598-5548
Main Complaints Against Police
The main complaint and cause of death among those killed by police is the excessive use of force. According to the Cato Institute National Police Misconduct Project, in 2010, excessive force was used in 23% of all police misconduct cases that were reported.
57% of all the cases reported where excessive force was used included the use of physical force such as the use of baton strikes, physical attacks and chokeholds while another 15% of the cases where excessive force was used included the use of fire arms. Additional coverage can be found at the at Huffington Post.
Has there been justice served? The statistics don’t paint a great picture. Only one police officer is convicted for every 1,000 people that are killed by the police.
According to the Mapping Police Violence Organization, in 2014, 1,149 people were killed by the police in the United States. Only 4.6% or 22 of these people were women. The rest were men.
Police Brutality in California
California led in police killings of civilians according to KQED. According to the National Journal, the State of Chicago used a shocking $129.7 million as from January 2011 to September 2014 in settling civil rights lawsuits filed against the police.
According to the National Association for the Advancement of Colored People, the number of incarcerated black people in the United States is 1 million out of a total of 2.3 million people who are incarcerated. If you have any questions regarding police misconduct you can call Avrek Law at 866-598-5548.
The number of police officers who were involved in police misconduct in 2010 according to the Cato Institute were 6,613. In 2014, there was no police officer who was convicted for killing a black person according to data from the Mapping Police Violence.
According to the Cato Institute, 346 million dollars was used in 2010 in civil settlements and judgments that were related to police misconduct. Currently, there are no tracking systems that are either centralized or operated by the federal government to track down police who don’t follow the rule of law.
Are You a Victim of Police Misconduct? Actions You can Take.
What entails police misconduct?
These are actions carried out by the police that violate the rights of the citizen. Some forms of police misconduct include harassment, police brutality, forced confessions and false imprisonment.
In case you are a victim of police misconduct, consult an experienced attorney in order for you to know the steps that you should take to get justice.
Definition of police misconduct:
Police misconduct simply refers to inappropriate or illegal actions taken by police officers in connection with their official duties. Police misconduct can possibly lead to a miscarriage of justice and sometimes involves discrimination or obstruction of justice.
Where can you report police misconduct?
You can report police misconduct at a civil complaints section found in police departments that listens to complaints from civilians against police departments or individual officers. A victim can also report to the Internal Affairs Division of the police department.
However these two channels are not effective since a victim can’t get compensation or damages. The best route to take is starting a lawsuit against the said police officer. Of course you can always contact our police misconduct lawyers here at Avrek Law.
Or call Avrek Law at 866-598-5548.
The only way you can prove to the court that you were a victim of police misconduct is when you have evidence. Ensure that you collect information about the police officer including his name, badge number, patrol car number precinct and any other information that can be helpful.
This information will boost your case. If you are in a position to take pictures or a video, the better since the jury can see this and it will be a factor when they are determining the damages to award.
Things you shouldn’t do
- Never plead guilty to the police if you are thinking that they will reduce the charges leveled against you.
- Ensure you seek medical attention and psychological help for the trauma that you may have gone through
- File a notice of claim as soon as possible.
- Focus on the criminal case and don’t worry much about the civil case.
California Law regarding Police Brutality
In a police misconduct lawsuit carried out in California, one can win compensation because of misconduct by police, spending time in jail or prison for crimes that they didn’t commit or loss of property. Always consult with a local attorney that handles police misconduct cases if you are unsure about your situation.
Why Hire a Police Misconduct Lawyer
Our law firm located in Irvine, California has experienced lawyers who can assist your research on police brutality and sue the police officer(s) involved. These kinds of cases are covered by our California attorneys. The news is filled with stories about police corruption, complaints, and abuse, and Avrek Law is available to offer help if you find yourself involved in such a sad situation.
You can call Avrek Law at 866-598-5548.
The main areas we cover are:
- Persons that are subjected to beatings or serious long term injuries.
- Police brutality or misconduct that is related to racial profiling and discrimination.
- Invasion of privacy and illegal surveillance that goes against a person’s civil and constitutional rights.
We have experience in this field and have handled many such cases in the past. Our attorneys will ensure that you and your loved one get fair or full compensation for any personal injuries that may have been caused or that occurred by police brutality. We cover police brutality cases in all of California.
Ten Worst Cases of Police Brutality
Below are some names that are too quickly forgotten. It should be on every Americans mind to stop police brutality. These are examples of some of the worst police brutality (abuse and harassment) cases in history.
- Robert Davis
- Frank Jude
- Steve Biko
- Rodney King
- Sean Bell
- Tim Thomas
- Robert Mitchell
- Abner Louima
- Kathryn Johnson
- Amadou Diallo
Can You Sue a Police Officer?
The simple answer is yes, but lawsuits against the police can be very complicated! You can sue a police officer for false arrest, but be prepared to spend a lot of time and possibly money trying to win your case. Most states protect their police officers from such lawsuits with what is called an “investigatorial immunity.”
Basically law enforcement agencies try to say that as long as a police officer is acting reasonably at their job, then their actions are protected from civil suit. This issues are very complicated and can’t be fully understood just reading an article or blog. Contact Avrek Law for more information on your possible police brutality case.
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