The U.S. Constitution guarantees that every citizen has the right to be free from unlawful search and seizure, and from excessive use of force by the authorities. Unfortunately, police officers don’t always act within the confines of the law; they may engage in illegal and wrongful behavior.
There are several forms of police brutality, including false arrest, false imprisonment, and use of excessive force. Regardless of what form it takes, it is illegal, and those who are harmed by it have the right to take legal action.
If you or someone that you love has experienced police brutality, a Los Angeles police brutality attorney at The Law Offices of Jacob Emrani can assist you in taking action and pursuing compensation for the harm that was done to you.
Examples of Police Brutality in Los Angeles
Many behaviors can be considered police brutality in California. Wrongful actions on the part of police officers may include:
Arresting you without “probable cause” or legal justification
Keeping you in custody without legal authority to do so, i.e. “False Imprisonment”
Using racist, abusive, or profane language
Engaging in physical violence
Threatening acts of violence
Unprovoked or excessive use of Tasers
Approaching with a drawn firearm without justification or cause
Prodding or striking with the nightstick
Unreasonable and unlawful stops and searches
When the police engage in any of these actions, they can result in both physical and emotional harm. You don’t have to just accept what rogue police officers have done. You have a right to pursue a civil rights claim under Section 1983, which provides a federal cause of action against police brutality. You may also elect to file a lawsuit under state laws prohibiting police brutality.
Taking Action as the Victim of Police Brutality
Police brutality cases can be very complicated. Police officers and their departments do have limited protections from lawsuits because of their role as government employees and agencies. These protections can be found under sovereign immunity rules. Although sovereign immunity rules don’t prevent you from suing the police, they do impose special requirements and strict time limits. A Los Angeles police brutality attorney can help you to sort through these restrictions.
If the claim should come down a question of your word against the officer’s word, proving a police brutality case can be very difficult. Judges and juries may have a predisposition to believe the testimony of members of law enforcement — so it’s vital that you seek the assistance of a Los Angeles police brutality attorney in order to make a strong and compelling case.
Another difficult factor is determining how much compensation you should be entitled to for police brutality. Certainly any actual financial losses, such as lost wages and medical costs should be covered in full; you may also have the right to seek compensation for “non-economic” losses, such as those for emotional distress and/or your pain and suffering.
A Los Angeles police brutality attorney can help you to determine what is an appropriate amount. You should have determined this detail before deciding whether to settle the case. The process is also essential in proving the extent of your damages if your case goes to court.
Free Preliminary Consultation with a Los Angeles Police Brutality Attorney
If you or someone that you love is the victim of Los Angeles police brutality, you should take action right away to preserve your claim and protect your rights. Contact The Law Offices of Jacob Emrani today to schedule a free preliminary consultation and learn how our Los Angeles police brutality attorneys can help you.