Police Brutality

Police officers have a very difficult job. Most police officers hard-working and are focused on doing their job the best that they can. Unfortunately, there are some with a badge who step over the line during traffic stops or other encounters with the public, or during an arrest.

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Do I Have a Police Brutality Case?

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As a personal injury law firm, our firm is experienced with lawsuits. A successful police brutality lawsuit requires proof of two things:

• A civil rights law was broken, and
• You experienced a significant, life-altering loss when that law was broken.

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What Does "Loss" Mean in a Police Brutality Lawsuit?

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While laws that govern police behavior cover all civil rights, your right to sue for criminal behavior is designed to help a you recover damages from something you lost. Legal accountability for improper police actions is different, not because other civil rights violations are not important, but because of how lawsuits work. Lawsuits that can be won in court are very limited, and strictly require proof of loss.

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Losses include:

• Physical injury that injures a person's body in a permanent way or requires long-term medical care
• Sexual assault
• Loss of life (death of a loved one by neglectful or harmful actions)
• Loss of employment

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Suing The Cops

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Lawsuits against police are more even more complicated than many other types of lawsuits, and this is due to something called “qualified immunity.”

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Unlike other types of lawsuits, police brutality cases are more difficult because of their qualified immunity. Police are given a wider latitude to do their jobs without worrying about the threat of disciplinary actions or lawsuits just for doing their jobs and enforcing the law. Therefore, an attorney must prove that the police officer’s actions caused you life-changing loss.

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In order to do that, you’ll need to help your attorney prove your case by preserving evidence:

• Write down everything as soon as you can to avoid forgetting important details.
• Save any damaged property (clothes, documents, etc.) and keep them in a safe place.
• Take pictures of injuries and any other evidence available immediately, and keep them safe.
• Get names, addresses and contact information of any witnesses.
• Keep good notes on any updates on your case, as well as names, numbers and titles of contacts and everyone you speak with regarding your case.

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If our attorneys determine you have a case, this information will help your attorney accurately defend your case and represent you in court.

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What Protects Your Right to File a Police Brutality Lawsuit?

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Police brutality, as well as other overreach by municipal agencies at the state, federal and local level, is a violation of the Fourth Amendment. These kinds of cases are commonly called “1983 cases,” because of the federal statute that details denial of an individual’s civil rights (42 U.S.C. §1983.) A “Section 1983” lawsuit can be filed against anyone employed by the state (including police officers) who denies an individual their Fourth Amendment rights. Section 1983 is the one most commonly used in lawsuits regarding police misconduct, but its uses don't end there.

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When Your Civil Rights Violation Doesn't Involve Life-Altering Loss

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It can feel unbearable when you know you've been humiliated or psychologically abused and no one recognizes it.

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And yet it's a story we hear almost every day when people call our firm and tell us what's happened to them. The hardest part of our job is telling people who have been horribly wronged by law enforcement that we don't have grounds for a lawsuit. Many ask, "What now?"

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When you can't sue the police for loss, that doesn't mean you can't hold them accountable for violating your civil rights. When an officer (or a group of officers) use more physical force than necessary to control a situation, your civil rights have been denied. Nearly every kind of police misconduct is a violation of your civil rights.

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Our firm doesn't handle these types of cases, but we want you to know that your options go beyond lawsuits. This page on the ACLU website addresses next steps you can take after a situation occurs that doesn't meet the qualifications for a lawsuit.

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Here are some examples of civil rights violations that you may have experienced that don't qualify for a lawsuit but are still considered police brutality:

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• Excessive force, especially on restrained individuals, that caused non-life-threatening injuries
• Coercion
• False arrest
• Unnecessary strip-searches
• Unwarranted use of police authority
• Improper or otherwise illegal activity while on official duty
• Unnecessary use of a firearm that doesn't harm someone

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When a police officer roughly handled an already handcuffed individual, harasses someone or otherwise acts inappropriately during an encounter with the public, he or she may be violating their civil rights, even if no physical injuries occurred. Your options to sue the police are limited in this instance, but your options to hold the police accountable are not. Visit this helpful guide by the American Civil Rights Union for scenarios and options for those who suffer civil rights violations.

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Popham’s Civil Rights Attorney—Tom Porto

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At the Popham Law Firm in Kansas City, Tom Porto represents people who have suffered life-altering injuries as the result of police brutality and in-custody abuse. Porto has a record of success in these areas. If you or a loved one has suffered long-term injuries or loss of life during the course of an arrest or incarceration, we will fight to help you obtain the compensation, justice and dignity you deserve. Please contact Tom today at (816) 221-2288.

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