Most police officers work hard to serve their communities in an honest and unbiased manner. Unfortunately, some police officers abuse their power and engage in misconduct. They may use excessive force, make unlawful arrests, or perform unlawful search and seizures. These are just a few types of police misconduct that sometimes occurs. When it does, victims must speak to a police misconduct lawyer serving Granville for help with their case.
Those hurt by police misconduct may be able to seek compensation, but this is a complex area of law, as police officers are typically immune from mistakes and negligence. It requires not only a knowledge of federal and state laws but also an understanding of how police operations work.
There are sadly many different types of police misconduct that happen in Granville. They include:
All of these practices are prohibited by the Constitution, and other state and federal laws. Additionally, when a police officer witnesses another officer violating a person’s rights and does nothing about it, he or she may also be held liable for failing to intervene. A civil rights attorney can help victims in Granville hold police officers responsible for their actions.
Many police misconduct cases involve excessive force. This is difficult to prove because police officers must sometimes use force in order to subdue a suspect or someone under arrest. When the force used was necessary, police officers have immunity from civil lawsuits and criminal charges. Due to this, when a victim brings a case forward, he or she will have to prove that the force used was excessive or without probable cause.
To determine whether the force an officer used was excessive, the courts will examine many factors. This means they will consider whether or not another reasonable officer would have acted in the same manner. The police officer’s motivation may not be taken into consideration, but the courts will take into account:
If it is determined that excessive force was used, police officers may lose their immunity. This means victims can successfully file a claim against the officer and receive compensation for their damages, which may include injuries and other financial losses.
Police misconduct is troubling to victims for many reasons. The first is that when police use excessive force or otherwise abuse their power, victims become seriously injured. In addition, police are often some of the most trusted people in the community. When they violate the rights of those they are supposed to protect, it is particularly troubling. Anyone hurt by police misconduct should speak to police misconduct lawyers in Granville who can help.
If you have been a victim of police misconduct, do not try to take on the case alone. These cases present many challenges, including the code of silence between police officers, the need for expert witnesses, and more. At Marshall Forman & Schlein LLC, we know how to investigate these cases and hold police officers accountable for their wrongful actions when necessary. Call us today or fill out our online form so we can start discussing your case.
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