However, if the police officer reasonably believed that he or she had probable cause, most courts will not determine that the police engaged in any unlawful activity. Finally, you contend that the arresting police officer used excessive force when arresting or chasing after you. However, a police officer is allowed to use an amount of force which is proportionate to the amount of force being used against him or her.
In some limited instances, a police officer might even be justified in using deadly force, assuming the victim used deadly force against the officer. In addition to showing that the police officer and by extension the police department are at fault, the victim must also be able to show that he or she suffered injuries or damages as a result.
The victim may allege, for example, that as a result of excessive force by the arresting police officer, he or she should recover medical bills and damages for physical pain and suffering incurred.
In some limited instances, the police officer or police department may have to pay punitive damages. A judge or jury will only award punitive damages if the officer acted in an egregious manner. Therefore, immunity provides some benefit to society. It helps keep citizens protected from criminal activity, and makes law enforcement much more efficient.
Yet, there are still situations where the law deems such immunity as inapplicable. Federal law provides protections for citizens who are unfairly harmed by police activities. One law in particular, Section , is responsible for ensuring that the rights of private citizens are protected during police encounters and investigations. Specifically, the law makes it illegal for a state or federal law enforcement agent to violate a person's civil rights.
This may occur in a few different situations. Acts such as excessive force, false imprisonment or malicious prosecution are violations. Each of these acts exceed the authority bestowed on an officer of the law. These cases are generally complex to try in court. Moreover, if you were charged with a crime that was part of the incident in question, for instance, resisting arrest, police can use this to their defense.
If you sustained any injuries in the process, ensure you store any clothes or objects that were damaged during the altercation. You should also take pictures of any injuries you sustained and locate people who witnessed the incident to testify in your case. Not a day goes by without coming across a story of an exonerated death row inmate or an overturned conviction. But, what you hardly hear about is whether or not they were compensated for being wrongfully convicted.
Alternatively, you would have to prove that you had a legal right to engage in the activity that prompted the arrest. Consulting with an experienced criminal defense attorney will help steer the process. A civil lawyer is in the best position to assess whether the crime for which you are a victim of, meets the required threshold to sue the police.
On the other hand, if the person was cleared of criminal liability by the police, you have the option to pursue the matter in a civil suit against them. A state resident may want to sue the city for any number of reasons. How to Sue Orbitz Without a Lawyer. All About Living Trust Idaho. Abbreviation for Revocable Trust - Explained.
Living Trust in Oklahoma: Explained. Solve my issue. If you successfully prove misconduct, you will get economic damages. These can make up for any financial loss including the loss of current or future income as well as the cost of all medical expenses including future expenses. If you experienced a loss for which a calculated cost cannot be easily obtained, you will be awarded general damages.
This can include emotional or mental distress, or a significant reduction of enjoyment in life. You will be awarded punitive damages as a form of punishment to the defendant, and as a way of preventing other police officers from engaging in similar behavior.
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