Compensation for Police Misconduct Victims

When police misconduct causes physical injury, property damage, or worse, you have rights. Filing a lawsuit is one way to assert those rights and hold officers accountable for their bad behavior. 

This article explains the basics of getting compensation for police misconduct. Suing an officer or police department can be challenging, so don’t go it alone. After reading this article, contact a police misconduct attorney near you. 

What Is Police Misconduct?

Police misconduct occurs when a law enforcement officer engages in illegal or inappropriate activity. The action might violate federal law, state law, or internal police department guidelines.

Many types of police misconduct can support a lawsuit. Some of the actions that have led to past lawsuits include: 

• Excessive use of force (police brutality)
• False arrest (wrongful arrest)
• Malicious prosecution
• Racial profiling and discrimination
• Sexual harassment and sexual assault

Police Misconduct Claims

Common police misconduct claims include: 

• Personal injury
• Wrongful death
• Negligent hiring, supervision, or training. 
• Civil rights violations (e.g., discrimination)
• Violations of constitutional rights 

Police misconduct often raises multiple legal issues. For example, in addition to personal injury issues, a victim of police brutality might also raise constitutional and civil rights claims. 

How Police Misconduct Lawsuits Work

Civil lawsuits help injured people restore their lives. They do this by giving the injured person (the “plaintiff”) financial compensation. The money comes from the person or organization that caused the harm (the “defendant”). 

Your police misconduct lawsuit begins when your lawyer files a document called a complaint. The complaint will name you as the plaintiff. The defendant can be an individual officer, a law enforcement agency, or a municipality. The complaint will also list the harms the defendants caused and any laws they violated in the process. 

What Legal Remedies Are Available to Victims of Police Misconduct?

Victims of police misconduct can ask for many types of relief. The first is compensatory damages. These damages cover medical expenses, lost wages, and property damage. You can also get damages for pain and suffering, emotional distress, and changed relationships with loved ones. 

Punitive damages are another option. Unlike compensatory damages, punitive damages focus on punishing the defendant. If the police officer’s actions in your case were particularly shocking, punitive damages may be an option. 

Finally, you can request an injunction. An injunction is a court order that directs the defendant to stop its harmful conduct. An injunction that forces a police department to change helps the entire community. 

How Much Money Will I Get in My Police Misconduct Case?

Police departments pay millions to the victims of police shootings and other forms of police violence and misconduct every year. The average payout is $17,500, but many factors can influence the value of your case, including: 

• The severity of the misconduct
• The quality of your evidence and witnesses
• The officer’s reputation and record 

How Long Do I Have To File My Police Misconduct Case?

The law requires plaintiffs to file their complaints within a specific period of time. Lawyers call these deadlines statutes of limitations. Statutes of limitations vary depending on the jurisdiction.

Additionally, in some jurisdictions, police misconduct plaintiffs must file a “notice of claim.” This notice alerts the defendant to your lawsuit.

Because there are so many deadlines in police misconduct cases, it’s crucial to talk to a lawyer as soon as possible. 

Can the Police Raise Any Defenses to My Misconduct Claim? 

Yes. Police officers can raise several defenses to misconduct claims. Common defenses include: 

• Reasonableness: Force is only excessive if it is unreasonable. So, officers in excessive force cases often claim that their conduct was reasonable under the circumstances. 
• Contributory negligence:  If you allege that the police department was negligent, they may argue that your own negligence actually caused the injury. 
• Qualified immunity: If your misconduct case involves constitutional or civil rights violations, the officers may invoke qualified immunity. Qualified immunity says police can only be sued for violating clearly established rights. However, proving that a right is clearly established isn’t easy. Qualified immunity is a powerful defense, but an experienced attorney can guide you. 

How Can an Attorney Help With My Misconduct Claim?

An experienced attorney can help your police misconduct case in many ways. A lawyer can: 

• Recover police dash cam or body cam videos
• Find prior complaints and lawsuits against the offending officer
• Give you an accurate evaluation of how much your case is worth
• Determine your eligibility for certain types of damages 

The law makes it difficult to hold the police accountable. However, a good attorney can help you build a strong case. Use the LawInfo directory to find a qualified police misconduct attorney near you.