Police Misconduct

California Police Misconduct Attorney

With the rise of social media, many allegations of police misconduct are now being documented and shared among everyone. For example, there have been several videos resurfacing of arrests where police have not shown adequate probable cause.

If you believe your constitutional rights have been violated and you were a victim of police misconduct, contact our experienced police misconduct attorneys today to advocate for your rights. Police misconduct should be taken very seriously since it could result in very severe injuries, often even death. If your loved one has been killed because of police misconduct, you may have a right for wrongful death against the police officer. Police misconduct could be a very traumatic experience, leaving the victim with both physical injuries and emotional injuries. Also, not only does police misconduct affect the victim, but their family members as well.

Our experienced attorneys believe that everyone should deserve compensation and justice for their injuries. We have decades of experience representing police excessive force and false arrest.

Police misconduct injuries could involve some very serious injuries such as traumatic brain injuries and spinal cord injuries.

What is police misconduct?

Police misconduct occurs when the police misuse their lawful authority. When police exceed their lawful authority, it may result in a violation of one’s constitutional rights, often ending in serious injuries, even death.

What are the different weapons police officers have?

• Tasers
• Dogs
• Handcuffs
• Batons
• Guns

Can I file a lawsuit for police misconduct?

Yes, you have the right to file a lawsuit if you have experienced police misconduct and have had a violation of your rights, both in California and Nevada. But, you have the burden of proof in showing that you have experienced police misconduct. That is why having a highly skilled police misconduct attorney could help build your case and have the required proof. The burden of proof differs depending on the jurisdiction you are filing a lawsuit.

Keep in mind that some law enforcement officials may even be immune from certain actions. This means that they cannot have a lawsuit filed against them while they were taking action in their line of work. But, this is not the case when it comes to police misconduct allegations. 

Having an aggressive attorney represent you in a police misconduct case is the best thing you can do for yourself and your lawsuit. 

Who is responsible for police misconduct?

• Police officers
• Police department 
• Law enforcement agencies
• Employee supervisors
• Employee administrators
• Government entity 
• Sheriffs
• Municipalities

Depending on the circumstances of your police misconduct incident, there are several other third parties that you could get involved in your lawsuit and hold accountable.

Nevada Police Misconduct Statistics

• Between the years 2013 to 2019, there were 121 officer-involved deaths.
• Out of all of Nevada’s police departments, the Reno Police Department has the highest black white disparity
• Those between the ages of 21 to 40 were more likely to get killed in a Nevada officer encounter.
• The Las Vegas police Department accounts for the majority of fatalities in officer-related encounters.
• The Las Vegas Police Department uses guns as a source of defense, with gunshot wounds accounting for the majority of Officer related deaths. 
• 93 percent of arrests in Reno are all for low-level nonviolent offenses between the years of  2013 to 2019.

California Police Misconduct Statistics 

• About 200 people die each year from interactions with California law enforcement.
• More than 4 in 10 people that were treated for gunshot wounds from a police encounter had serious alcohol related disorders
• Gunshots are the main causes of death.
• African-American Californians are three times more likely to be seriously injured when involving an encounter with a police officer.
• There are about 78,000 law enforcement officers in California, 80 are arrested each year. 

Examples of Police Misconduct

Our police misconduct attorneys in California have decades of experience representing victims involved in several different types of police misconduct situations. Examples of police misconduct situations include:

• Excessive use of force: this occurs when the police use more force than reasonably necessary to make an arrest or search. Different factors the courts consider is the seriousness of the crime, whether the victim was fighting back, or whether the victim was a threat to the officer. California courts also consider the officer’s actions that lead up to the use of force. The law looks down upon a prolonged force, regardless of whatever the crime may be. Deadly force is also looked down upon. 
• False arrest occurs when the police officer had no legal authority to make the arrest, yet arrested the victim and violated their Fourth Amendment rights. 
• False searches: police officers do not have the right to search someone if it is out of their jurisdiction. 
• Racial profiling: this occurs when police do not have reasonable suspicion to stop someone, yet stop someone because of their race. This is a violation of a victim’s Fourteenth Amendment right to equal protection and Fourth Amendment right from searches and seizures.
• Sexual abuse: this refers to all forms of sexual harassment and exploitation done by police officers to suspects.
•  Denying a suspect medical needs: in the event that a suspect requests medical needs and has a valid prescription, the police cannot deny access to medicine.
• Perjury: this occurs when a police officer lies under oath in order to describe the warrant used to make the arrest or the crime. 

What type of damages could I receive from police misconduct?

If the police misconduct has resulted in severe injuries, you could be able to collect:

• Pain and suffering
• Medical bills
• Medical expenses 
• Effect to your reputation 
• Lost past wages
• Legal fees
• Legal costs 
• Lost future wages

What is injunctive relief?

Injunctive relief is a term used specifically when it comes to police brutality and police misconduct circumstances. Injunctive relief is when the court orders the individual or Department to refrain from taking such action ever again. Injunctive relief is not compensation, but instead, action taken by the court to prevent such incidences from ever happening again.

Contact our experienced police misconduct attorneys today for a free one-on-one consultation

We know just how stressful it could be to be involved in misconduct and mistreatment by police officers or government officials. Not only could this impact you physically, but could leave you with trauma that you may have to deal with the rest of your life. If you or someone you know have been the victim of mistreatment, give us a call today.

Our consultations are confidential to make sure that you are comfortable providing us with all the information. Also, keep in mind that no person can retaliate against you for speaking up about police misconduct. We always want to make sure that our clients are comfortable and could come forward with their experiences. 

Having an experienced attorney is what could possibly make or break your entire police misconduct case. An experienced attorney will look into all the circumstances and gather as much evidence as possible to build a strong case since police misconduct circumstances could be more of a he-said-she-said situation. The more surveillance footage, photos, and interviews we gather, the stronger your case may be. 

Our police misconduct attorneys work hard to ensure that those subject to police brutality and misconduct in California and Nevada receive fair compensation for their injuries.