Defending Against Policy Brutality
The duty of every police officer is to help prevent crime and keep the people safe. The good thing is that many of our police officers have dedicated their lives to protecting the people. These law enforcement professionals ensure that our communities are safe.
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. Police officers and their police department may be liable in cases when innocent individuals file a claim against them for brutality.
If you or your loved ones have been injure as a result of excessive force or abuse of authority by a police officer, you should seek the help of a police brutality attorney with experience in your state’s of federal police brutality and civil rights laws.
When police carry out their duties, they are actually given broad authority to carry it out. These powers, however, are limited. When law enforcement officers go beyond the limits of their authority and cause needless injury, legal claims for policy brutality or abuse may arise.
If you are a victim of police brutality or abuse, here are some types of legal claims you can file.
When police officers carry out their lawful duties they can use force that are reasonable necessary. Excessive force depends on the reason why police attempted to stop or arrest an individual, the way the person responded to police requests or demands, and the circumstances surrounding the encounter.
There are times when it is necessary to use force but it should only be used at these situations. Some situations when they are not allowed to hire, rough up or hurt a person is when the person is unarmed, when the person acts in a non-threatening manner, or when the person 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.
When a police takes an individual into custody without an arrest warrant and without probable cause then the claim for false arrest arises. Probable cause is when the police officer actually saw the crime being committed or he suspects that you are about to commit one. You can file a claim for false arrests if you were taken in without probable cause.
You cannot succeed in your case by simply proving that the police officer was careless or negligent in his duty. The victim must have evidence that police knew they were acting in an unreasonable or unlawful manner, and intentionally caused injury. A well experienced attorney is the only person that can help you in these types of case. To make a proper claim, the attorney must investigate all the relevant evident and evaluate the circumstances surrounding the police conduct and the victim’s injuries.