What is Police BrutalityWhat is police brutality? If you believe that you have been a victim of police brutality, this is a vitally important question.
The issue of police brutality has been brought to the forefront of national and local news in light of recent events. It is indeed troubling, when those who are supposed to protect and serve us are accused of beatings, killings and other forms of misconduct.
Police brutality is defined as the wanton use of excessive force in dealing with a civilian. It is usually of a physical nature, but it may also involve verbal attacks and psychological intimidation.
No precise definition
One important thing to keep in mind, however, is that there is no precise definition of what makes up excessive force. In general, excessive force is usually looked at as force that is greater than the force a reasonable and prudent police officer would use under the same or similar circumstances.
Police brutality is one of several forms of police misconduct. These include false arrest, intimidation, racial profiling, political repression, surveillance abuse, sexual abuse and police corruption.
Police brutality may take place in several different kinds of circumstances in which you are injured by a police officer. Examples include:
At the end of a pursuit
If you are brought in for questioning
During a routine detention, traffic stop or arrest
When you are in prison or jail
During an interrogation.
No matter what the circumstances may have been, you believe you have been a victim of police brutality. What you want to know is, Can I bring a lawsuit for police brutality?
You should know that police brutality is a violation of your civil rights and a direct violation of the laws inside the police force. It is a direct violation of the Fifth and Fourteenth Amendments of the Constitution of the United States.
Bringing a lawsuit against a police officer can be very frightening and intimidating. The police may try and persuade you to drop your complaint.
It may be hard to obtain the evidence that you need if other police officers will not testify. In addition, it is always possible that fellow police officers may try to cover up the occurrence of police brutality. In spite of this, as a victim of police brutality, you have a right to bring a lawsuit against a police officer or officers.
A personal injury lawsuit is what you would bring. It is a lawsuit in which a claim is made in court by a person who has been injured either physically or emotionally by another person.
Difficult to win
A police brutality lawsuit usually involves a long and complex process and is very hard to win. This is because there are several laws that provide immunity to police officers, a short statute of limitations or deadline for bringing a police brutality lawsuit and witnesses are often reluctant to testify.
You will need the advise and representation of a personal injury attorney in order to win a police brutality lawsuit. The best thing to do is to let a personal injury attorney evaluate your case at no cost or obligation to you.
Article written by James Shugart
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