Police Brutality and Wrongful Arrest
Police brutality is unwarranted violence committed by police officers against civilian victims. A wrongful arrest is an arrest made without legal justification. Both are examples of civil rights violations, violations that can cause victims to suffer various damages at the hands of law enforcement.
If you feel you faced police brutality or a wrongful arrest, you have the right to pursue monetary compensation for your related damages through a civil rights violation claim. Work with an experienced civil rights lawyer to understand this process and pursue your claim.
What Constitutes Police Brutality?
Police brutality goes beyond physical roughness with a suspect during an arrest. It can also refer to illegal searches and denial of a suspect’s due process rights under the United States Constitution. When police brutality refers to physical harm, it refers to the malicious use of force beyond what is necessary to restrain the suspect. This can mean unnecessary tasing, excessive force that results in injury to the victim, and beating the victim.
What is a Wrongful Arrest?
The phrases “wrongful arrest” and “false arrest” are often used interchangeably, and they refer to the same action: arrests made without the correct legal balances in place to make them lawful arrests.
There are many reasons why an arrest would be deemed wrongful. A few examples are:
- Arrests made without valid arrest warrants, which include arrest warrants obtained by officers intentionally providing false information;
- Arrests made based on arbitrary factors, like the suspect’s race;
- Arrests made for personal gain on the law enforcement officer’s part;
- Arrests made with malicious intent;
- An arrest of the wrong person;
- Arrests made without probable cause to arrest the individual; and
- Arrests during which the suspect is not informed of his or her Miranda Rights.
How you Can be Injured Through Police Brutality or a Wrongful Arrest
There are many ways a victim can suffer from facing police brutality or by being a victim of wrongful arrest. These include:
- Physical injuries;
- Emotional trauma stemming from the mistreatment or arrest;
- Lost wages from missing work or career advancement opportunities;
- The cost of retaining a lawyer and navigating the court system;
- The losses associated with a wrongful conviction; and
- Damage to the victim’s social and professional reputations.
Pursuing Monetary Compensation for your Damages Related to Police Brutality or Wrongful Arrest
When you suffer financial damages because of a civil rights violation like police brutality or a wrongful arrest, you can pursue monetary compensation for them through a civil rights violation claim. In your claim, you must demonstrate how your damages were the direct result of the other party’s actions, whether that party was part of law enforcement or a private entity. Although store owners and security guards may detain individuals they suspect of shoplifting in order to question them and investigate the suspicions, there are limits to how long one may be detained in this situation.
Your case must prove by a preponderance of evidence that the other party is liable for your damages. Evidence you can provide to demonstrate this point includes photographs of the incident, surveillance captured by the officer’s bodycam, documentation showing your financial losses, and eyewitness accounts to the incident.
Work with an Experienced Riverside Civil Rights Attorney
You have certain civil rights regardless of your citizenship status. If you feel your rights were violated in some way, talk to an experienced civil rights lawyer about your experience to determine the most appropriate course of action to take. Get started with our team at Wagner & Pelayes LLP today by scheduling your initial legal consultation in our office.