Police Misconduct Settlements vs. Trials: Pros and Cons

A police officer violated your rights during a traffic stop. You file a grievance with the local police accountability review board. You’re prepared to go all the way to trial. But then, a lawyer for the police department offers you a settlement. Should you take it? 

The decision to settle or go to trial is always tricky, but the stakes are even higher in police misconduct cases. This article explains the pros and cons of settling a police misconduct case or taking it to trial. Whichever way you’re leaning, talk to an experienced police misconduct attorney before making your final decision. 

What Are Police Misconduct Settlements?

Civil lawsuits focus on correcting the harm to the injured person (“the plaintiff”). Usually, they accomplish this goal by giving the plaintiff financial compensation, also known as damages. These damages are paid by the person or organization who injured the plaintiff (“the defendant.”) 

Generally, civil cases end in two ways: trial or settlement. At trial, a jury decides who wins. If the plaintiff prevails, the jury also determines the amount of damages. In a settlement, both sides negotiate until they agree on key issues, such as damages. Then, they put the settlement agreement in writing and ask the court to dismiss the case. 

In your police misconduct case, the defendant can be an individual officer, a high-ranking law enforcement official like a police chief, or an entire police department. If you go to trial, the jury will decide whether the alleged misconduct violated your civil or constitutional rights. Any settlement will be negotiated between you and the law enforcement agency.

Pros of Settling a Police Misconduct Case 

There are many good reasons to settle a police misconduct case. Here are a few: 

• Settlements are faster and cheaper: A case can take months or years to go to trial. Settlements usually happen much sooner. Also, the longer a case takes, the more you’ll pay in legal fees, costs, and expenses. Because settlements take less time, they also cost less money.
• Settlements offer certainty: Trial outcomes are unpredictable. An unfavorable legal ruling or the wrong jury can turn what seemed like a sure win into an uncertainty. On the other hand, a settlement is guaranteed money.
• Settlements offer finality: A trial victory isn’t necessarily permanent. The defendant can appeal the verdict to a higher court. That higher court can overturn or reduce your verdict. Settlements, however, are tricky to reverse. 
• Settlements can bring change: In addition to money, police misconduct settlements can also mandate policy changes. Settlements involving police departments in places such as Chicago, Los Angeles, and Philadelphia have required changes regarding the use of force and other important police reform issues. 

Pros of Going to Trial in a Police Misconduct Case 

Settlements also have serious downsides. Here are some excellent reasons to take your police misconduct case to trial. 

• Trials assign blame: Most settlement agreements state that the settlement cannot be treated as an admission of guilt. But a jury verdict in your favor forces everyone to acknowledge that the officer behaved inappropriately.
• Trials may offer more money: Although every case differs, trial verdicts are typically higher than settlements.
• Trials shine a light on lousy police practices:Settlement agreements often keep the public from learning about police misconduct. This secrecy allows bad officers to continue their wrongful acts. In 2022, the Washington Post studied 25 of America’s largest police and sheriff’s departments. They found that more than 7,600 officers had been involved in multiple settlements. Public attention and scrutiny may make it harder for law enforcement officers to keep committing misconduct.  
• Trials set an example: Every year, Americans experience police brutality, false arrest, and other illegal police actions. Yet very few people sue police agencies for these civil rights violations. Your trial and courage may inspire others to take action. 

Who Will Pay for My Verdict or Settlement? 

Individual officers rarely pay settlements or verdicts. Instead, judgments against officers from smaller police departments are usually paid by the department’s insurance company. In larger jurisdictions, the city council typically approves payouts from a dedicated account funded by taxpayer dollars. 

Should I Settle My Police Misconduct Case if I’m Facing Criminal Charges? 

The same incident can lead to cases in both the civil and criminal justice systems. Assume that the police have a valid reason to arrest Paul. During the arrest, an officer uses excessive force. After the prosecutor files criminal charges against Paul, Paul files a misconduct lawsuit regarding the use of excessive force. 

In these circumstances, prosecutors often offer a particular settlement called a release-dismissal agreement. In a release-dismissal, the prosecutor agrees to drop the criminal case against you if you agree to drop your civil case against the officer.

How a Lawyer Can Help You With Settlement or Trial in a Police Misconduct Case

Whether you accept a settlement or take your police misconduct case to trial, a lawyer can help in many ways. If you decide to settle, a lawyer can negotiate on your behalf. If you choose to go to trial, a lawyer can prepare a case to persuade the jury. No matter what you need, you can use LawInfo to find a police misconduct attorney near you.