Suing the police is an option if they have engaged in misconduct by violating someone’s constitutional rights. It is difficult to succeed in a lawsuit against the police, but not impossible. Law enforcement is not above the law, and a victim of police misconduct has the option to sue the police, either by filing a complaint against an individual officer, their supervisor, or the department.
There are several examples of police behavior that might be considered misconduct. These include false arrest and imprisonment, perjury, police brutality and corruption, racial profiling, falsification of evidence, fraud, coercion or torture to force a confession, abuse of authority, physical or sexual assault, and spoliation of evidence.
The most common misconduct claims are:
In addition to filing a lawsuit, a victim of police misconduct can file a complaint against the officer or the department with the internal affairs section of the police department or the Department of Justice. The Department of Justice can decide whether to investigate and has the option of filing its own civil or criminal case against a law enforcement agency.
Individual police officers, supervisors, and police departments themselves can be named in a lawsuit alleging police misconduct. The government that employs and oversees the department can also be sued, however governmental immunity offers protection to municipalities subjected to police misconduct lawsuits.
Governmental immunity is a policy that protects governments and government agencies from lawsuits in many cases. The intent behind governmental immunity is to make it easier for governments to make decisions and take action without the fear of being sued for their conduct.
A common question someone who has been arrested for a crime they did not commit is, can you sue the county for false charges? You may attempt to sue the county if you think false charges have been filed against you; however governmental immunity will make it difficult to succeed.
Police officers have some immunity known as “qualified immunity.” Qualified immunity means that police officers are protected from being sued as long as they are acting within the guidelines of their job and not acting negligently or unreasonably. Like governmental immunity, qualified immunity gives police officers room to do their job without the fear of lawsuits interfering.
Governmental immunity and qualified immunity makes it difficult to sue anyone other than the officer directly involved in the case. Most of the time a court will not find a supervisor vicariously liable for the actions of another person, or the police officer they hired.
Suing the police for false arrest is the allegation that the police acted without legal authority, or went beyond the power granted to them by their position as police officers. An officer who acted to arrest someone based on information they thought was true and reasonable, but was actually false, will not be guilty of false arrest.
On the other hand, if a police officer arrests a person based on their personal feelings or because that person insulted them, you can file police false arrest charges. Insulting a police officer is not a crime, so arresting someone for doing so (without them being under arrest for some other legitimate reason) is illegal.
Any person interacting with the police is protected against violations of their civil rights. They have the right not to be harassed, discriminated against, or assaulted. They are protected from the use of excessive force and unreasonable search or seizure.
When filing a lawsuit against an individual police officer, the plaintiff typically includes the police department as a defendant in the lawsuit as well. It is necessary to prove that the conduct that is the basis for the lawsuit against the department is part of a pattern of harassment, discrimination, or excessive force. Without evidence of a pattern of misconduct, a lawsuit against the department is unlikely to be successful.
A lawsuit against the police is not always an easy one to win. Some police departments lack transparency and might make it difficult to gather evidence about past conduct of the officer you are suing. At the same time, it is relatively easy for the police to find and use evidence of wrongdoing on the part of the plaintiff against them.
In order to be successful in a lawsuit against the police, it is important that you have taken to protect your rights in court. First, save any evidence of police misconduct. This might include photographs or video, eyewitness testimony, or medical records if you suffered physical injuries.
If you are successful in a lawsuit against the police and prevail at trial the available damages depend on the circumstances of the case:
Police officers have some defenses available to them if they are sued. If the lawsuit is based on an allegation of excessive force, the officer can claim that their actions were reasonable based on the behavior of the plaintiff.
A police officer is justified in using an amount of force that matches the force that is being used against them, or is necessary to protect the safety of the officer or others who may be at risk. An office arresting a subject who is actively resting can use more force than one arresting a suspect who is calm and cooperative.
Officers also have the defense of qualified immunity. Qualified immunity protects officers from personal liability unless they violated “clearly established” law. This is a difficult defense to overcome in some cases where the facts have not been addressed before. Essentially, if the court has never held that a particular action on the part of the police is illegal, then the office is protected by the qualified immunity defense.
It is very important that you contact a criminal attorney if you think you might have a claim against a police officer or police department. It is critical that you gather and preserve as much evidence as possible.
An experienced criminal attorney can assist you throughout the entire process, from gathering evidence and interviewing witnesses, to negotiating with the defendant and representing you in court.