Do I have a Police Brutality Case?
It may happen in several different types of circumstances. You are personally injured by a police officer. This may occur:
If you are brought in for questioning
In a routine traffic stop, detention or arrest
In jail or prison
Following the end of a pursuit.
Regardless of the circumstances, you believe that you have been a victim of police brutality. The question that you have is, “Do I have a police brutality case?”
In order to know whether or not you have a case for police brutality, you first need to understand how police brutality is defined. Police brutality is when a police officer uses excessive force in regards to a civilian or more force than what is necessary. This usually takes the form of excessive physical force, but it can also refer to verbal attacks by a police officer against a civilian.
An important point to remember is that there is no precise definition of what constitutes excessive force. However, generally, excessive force usually refers to force that is beyond the force that a prudent and reasonable police officer would use under the circumstances.
Violation of your civil rights
Police brutality is a violation of your civil rights. It is a direct violation of the laws inside of the police force. Police brutality is a direct violation of the Fifth and Fourteenth Amendments of the United States Constitution.
With this in mind, do you believe that you have been a victim of police brutality? If you do, you have a right to bring a brutality claim against the police officer or police officers who used excessive force against you.
It can be intimidating and frightening to bring a lawsuit against a police officer. Police officers may try to intimidate you and get you to drop your complaint. It may be difficult to get the evidence that you need if other police officers refuse to testify. Also, there is always the possibility that fellow police officers may try to cover up the incident.
Personal injury lawsuit
Having said this, it is still your right to bring a lawsuit against a police officer or police officers for brutality. The type of lawsuit that you would bring is called a personal injury lawsuit. A personal injury lawsuit is simply a claim that is brought in court by a person who has been injured either physically or emotionally by another person.
You should also understand that a personal injury lawsuit for police brutality may involve a long and complex process and is extremely difficult to win. This is due to the fact that there are several laws that give immunity to police officers. One of these is a short statute of limitations or deadline that you have for filing a police brutality lawsuit. In many instances, witnesses are also hesitant to come and testify. The burden of proof for police brutality is on you and can be very hard to establish.
If you are going to win a personal injury lawsuit for police brutality, you are going to need the skill and expertise of a personal injury lawyer. A personal injury lawyer will be familiar with the specific complexities of a personal injury lawsuit for police brutality.