With so many cases in the news recently about police misconduct, and even brutality and cruelty, in many areas of the United States, including California, many people are questioning the police’s role in our society. What rights do the police have, and what rights do regular citizens have? What is legal and what isn’t?
Know your rights to protect them
It’s an important question to know the answer to because when we know our rights, we can protect them. When police act out of line, legal measures can be taken to get financial compensation. Brutality should never be tolerated, especially from police, who are supposed to be upstanding members of society at all times.
Governmental immunity
A police officer’s actions while working are usually protected by the legal doctrine called governmental immunity. The basic concept behind it is that the government can’t be sued unless it gives permission to do so. So, for example, if you’re stopped by the police and questioned, even though you may not like it, it’s still reasonable legal behavior on the part of the officer who stopped you. No rights have been violated.
When does government immunity not apply?
There are various federal and state laws that allow victims of police misconducts to sue and receive compensation. Federal law 42 United States Code Section 1983 is one of those laws. It was originally passed in 1871 as part of the Civil Rights Act, which was deigned to protect the rights of African Americans during the post-Civil War Reconstruction era. This law indicates that it allows for someone to sue someone else who violated his or her constitutional rights while under the government’s authority (like a police officer or other government worker). This law also allows the victim to collect money damages.
State laws allow people to sue police officers for various reasons. The most common reasons are:
- False arrest (the police didn’t have probable cause to make an arrest)
- Malicious prosecution (the government didn’t have probable cause to begin an investigation into someone)
- Excessive force (the officer used an unreasonable amount of force, given the facts and circumstances of the case)
What to do if you’re considering suing the police
If a police officer has treated you incredibly harshly, possibly inflicting major damage, you don’t have to go along with it, just because the police are in a position of authority. Federal and state laws protect citizens from police brutality in California and nationwide.
The first step to getting the compensation you deserve
Contact a lawyer who specializes in pursuing legal action against the police. Southern California’s best criminal defense attorney, Dan Chambers, could easily give you a few great recommendations of colleagues he knows and trusts to work on your case with the tenacious resolve it deserves. Call 714-760-4088 or email dchambers@clfca.com to schedule a consultation today.
