California Police Misconduct Lawyers – Police Brutality
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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.
You may wonder, is there such a thing as a police brutality lawyer and are there lawyers that sue police departments? The answer is yes; they are called police misconduct lawyers.
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 unlawfully killed by police. Chances of a black person being killed by the police are three times as high as compared to a white person. Statistics also show that Black Americans are two times more likely to be killed even when they are unarmed as compared to white people. Of black people killed in 2015, 32% were unarmed as compared to 25% Hispanic and Latino people, and 15% Whites who were also unarmed.
Native Americans are also victims of police brutality. There are a total of 5.1 million Native Americans, which includes 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. If you find yourself in a situation like this, contacting a policy misconduct attorney like those at Avrek Law, is always in your best interest.
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.
Of the cases, 57% reported excessive force was used, which included the use of physical force like the use of baton strikes, physical attacks and chokeholds. 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, 1,149 people were killed by the police in the United States in 2014. Only 4.6% or 22 of these people were women, and 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 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 one million out of a total of 2.3 million people who are incarcerated. The number of police officers who were involved in police misconduct in 2010, according to the Cato Institute, was 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.
The Cato Institute says $346 million 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.
Actions to Take as a Victim of Police Misconduct
What entails police misconduct?
Police misconduct 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 police misconduct lawyer 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 to the civil complaints division 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 may not be effective since a victim can’t get compensation or damages. The best route to take is to speak with a reputable police brutality lawyerlike those at Avrek Law about starting a lawsuit against the police officer.
The only way you can prove to the court that you were a victim of police misconduct is through evidence. At the time of an incident, 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, do so. The jury can see this and it will be a factor when they are determining the damages to award.
Things to Avoid
- 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 due to the misconduct of police, as well as spending time in jail or prison for crimes not committed, 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 at Avrek Law
The news is filled with stories about police corruption, complaints, and abuse. Avrek Law employs experienced lawyers who can assist your research on police brutality and sue the police officer(s) involved. Our attorneys will ensure that you or your loved one get fair or full compensation for any personal injuries that may have been caused or that occurred by police brutality. The main areas of a police brutality lawsuit that we cover are:
- Persons that are subjected to beatings or serious long term injuries.
- Police brutality or misconduct related to racial profiling and discrimination.
- Invasion of privacy and illegal surveillance that goes against a person’s civil and constitutional rights.
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
- George Floyd
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,” in which law enforcement agencies uphold 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.
Looking for the best police misconduct California has to offer? Avrek Law is here to help you understand your legal options when filing a police brutality lawsuit. The consultation is free, and you’ll get expert advice from a law firm with $1 Billion recovered in more than 10,000 cases across the states of California, Arizona and Nevada. Contact us today – we want to hear more about your case!