Frequently Asked Civil Rights Questions

What is a Civil Rights Case?
A civil rights case consists of those cases which protect the rights of people, where the rights are derived from constitutional law. Many laws are created from local governments or from judges. However, Civil Rights law flows from the U.S. Constitution. With regards to civil rights, this internet cite concerns only those civil rights which concern police misconduct also known, in some situations as Police Brutality.

What is a Police Misconduct Case?
Police officers, just like any human being, make mistakes. Some of their errors are very serious and abusive, others are just careless. The area of law concerning police misconduct concerns situations like excessive force (an officer hurts someone unnecessarily), false arrest and malicious prosecution. These are the most common cases that are filed in the Court system.

Excessive Force Cases
A police officer acts with excessive force when he/she uses an amount of force with regards to a civilian that is more then necessary. Police officers are certainly permitted to use force and in some situations, deadly force. However, there are times when officers misuse their authority and injure someone without a justified reason. For example, take a situation where an officer stops an elderly gentleman for speeding. The officer asks the driver to get out of the car and while the driver opens the car door, the officer yanks him up from his seat and throws him against the car. This would be an example of excessive force. As there would be no need to cause injury to the driver of the car, the officer would be liable for using excessive force (here, liable means legally responsible in a court of law for damages that the driver suffers from officer’s abuse).

False Arrest
Generally speaking, an arrest is defined as any type of situation that you are involved in with an officer where you are not free to leave. If you are under arrest, the next question that should then be asked is what is the reason for the arrest. If the officer does not have a valid reason for arresting you, then you may have a false arrest claim. Take the following example. A police officer sees a young lad standing on the corner, alone, minding his own business. The officer comes up to young man and tells him that he must submit to a search (pat down search) The boy says no and the officer tells him that he must submit. The boy again says no and the officer forces him into the squad car and takes him down to the station. After searching the boy at the station and checking his background, the officer releases him. The young man has a valid false arrest claim. He was arrested without any valid basis whatsoever and brought down into the station.

A valid federal claim and state law claim could be pursued and won, assuming that these facts could be proven at trial.

Malicious Prosecution
A malicious prosecution claim is similar to a false arrest claim. In this type of case, the officer arrests an individual for no valid reason and then initiates a criminal complaint against the innocent person. Typical cases in this regard are Aggravated Battery cases. Here, an officer for no good reason, strikes a civilian. The civilian blocks the strike and hits back. The officer then tackles the civilian and arrests him and charges him with striking the officer – known as Aggravated Battery. After the criminal case is over (and preferably won) the innocent civilian may lodge a civil rights case against the officer for excessive force, false arrest and malicious prosecution.

What if my case is not so clear cut?
Many people don’t understand what it takes to win a police misconduct case. First, the law can be quite confusing. Second, there is frequently a difference from what it is that can be proven as opposed to what happened. For example, a police brutality case would be stronger if there was an independent witness to observe an officers abuse. Frequently, there are no witnesses and the case must be proven through other means. Take, for example, the factual scenario of the gentleman (above) in the excessive force case. If the police officer fails to detail anything in his report to justify his actions and the driver goes to the emergency room for injuries immediately after his interaction with the officer, then the case may easily be proven. So, the most important thing to do when confronted with a situation involving police misconduct is CONSULT A LAWYER. Don’t leave it to your own decision making process to determine whether you would be able to win a case in court. The law as well as the manner by which your case can be proven is complicated. Get some free advice as you will be better off.