Police Misconduct

Most police officers are committed to ensuring public safety. However, some use their authority to abuse others. Everyone should know the laws that apply when police actions violate their rights. 

This article answers questions about suing for police misconduct. However, police misconduct is a complicated issue involving civil rights, criminality, and other areas of the law. After reading this article, please discuss your situation with a police misconduct attorney near you. 

What Is Police Misconduct?

Thousands of Americans experience mistreatment at the hands of the police each year. Police misconduct occurs when law enforcement officials engage in wrongful actions during their official duties. Some forms of improper police conduct involve individual officers, while others involve entire units or departments. Examples of police misconduct include:

• Use of excessive force (Police brutality)
• Sexual assault and misconduct
• False arrest (Wrongful arrest)
• Malicious prosecution
• Racial profiling
• Witness tampering or intimidation
• Planting, fabricating, mishandling, or tampering with evidence
• Unlawful searches and seizures in violation of the Fourth Amendment
• Coercing confessions 
• Filing false reports 
• Providing false testimony (perjury)
• Extortion
• Giving or taking bribes

Criminal vs. Civil Remedies for Police Misconduct

Criminal law focuses on punishment. Civil cases compensate injured people (plaintiffs) for the harm caused by others (defendants). Civil plaintiffs can also ask for special court orders called injunctions. An injunction orders the defendant to stop their harmful practices. 

Police misconduct often leads to both civil and criminal proceedings. When George Floyd was killed in 2020, the federal government charged the Minneapolis officers with homicide in his death. The Floyd family also filed a civil suit for the injuries incurred from the death of their loved one.

Criminal and civil cases use different burdens of proof. The criminal justice standard of “beyond a reasonable doubt” is far higher than the civil standard. The lower civil standard can help victims of abusive police practices. For example, in 1991, four members of the Los Angeles Police Department beat unarmed motorist Rodney King. Though the officers’ first criminal trial ended in acquittal, King won his civil suit.

Section 1983 Civil Rights Lawsuits for Police Misconduct

Section 1983 of the federal civil rights code (42 U.S.C. 1983) allows people to file lawsuits when rights guaranteed by the Constitution or federal statutes are violated by a person acting “under color of law.” A person acts under color of law when their authority comes from the government. Because police officers are government employees, they nearly always meet the “color of law” standard. 

• Who can sue under Section 1983? Anyone who believes a law enforcement officer violated their statutory or constitutional rights can file a Section 1983 suit in federal court. 
• What kind of damages can be awarded? Section 1983 states that plaintiffs can request both monetary damages and injunctive relief. Injunctive relief is a remedy from the court that forbids the losing party from performing certain activities.

The Qualified Immunity Defense

The Supreme Court gave law enforcement officials facing Section 1983 lawsuits a powerful defense: qualified immunity. Qualified immunity forces the plaintiff to prove that the officer’s conduct amounted to a clearly established constitutional violation. Qualified immunity can present serious issues for police misconduct plaintiffs, but an experienced attorney can help. 

Lawsuits for Discriminatory Police Misconduct

Federal laws such as the Civil Rights of 1964 and the Americans with Disabilities Act of 1990 forbid discrimination. If the police targeted you because of your race, sex, religion, disability, or other protected characteristics, an anti-discrimination claim may be appropriate.

• Who can sue for a police department’s discriminatory practices? Depending on the statute, either the DOJ or an individual may be able to sue. However, some statutes require individual plaintiffs to follow specific steps before filing. An experienced attorney can help you take the necessary actions. 
• What kind of relief can be awarded? Most anti-discrimination laws allow both injunctive and monetary relief. 

Federal Consequences for Police Misconduct

The Violent Crime Control and Law Enforcement Act of 1994 includes the “Police Misconduct Provision” (PMP). The PMP allows the U.S. Department of Justice (DOJ) to sue law enforcement agencies that display a “pattern or practice” of unlawful behavior. 

State and Local Remedies for Police Misconduct

Many state and local laws address officer conduct issues such as using force. An experienced police misconduct lawyer can look for local and state laws that apply to your case. 

How To Report Police Misconduct

If you’ve been the victim of excessive force or other abuses of police power, you must act quickly to protect your rights. While the situation is still fresh in mind, write down details such as the time and place of the alleged misconduct, the names of officers involved or present, and the identities of any eyewitnesses. 

Next, you’ll want to get your facts on record as soon as possible. File an official complaint with the appropriate police or sheriff’s department. The local police department’s internal affairs department will investigate. After making a local report, follow up by making a report to a state police oversight agency or the DOJ.

How a Lawyer Can Help You With Police Misconduct Issues

An attorney can help you file police misconduct complaints with the proper agencies. A lawyer can also: 

• Investigate the circumstances of your incident 
• Investigate the history of the officers and the department involved
• Hire expert witnesses

If you are a victim of police misconduct, an attorney can help ensure your case is as strong as possible. Use LawInfo to find a police misconduct lawyer near you.