Our police misconduct attorneys at Lessem, Newstat & Tooson, LLP have a stellar reputation for fiercely advocating for the rights of clients who have suffered harm due to police misconduct. Although police officers receive training that specifically teaches them how to avoid committing acts of excessive force, harassment, discrimination, and false arrests, we know firsthand that officers sometimes abuse their power in order to arrest or intimidate those who are suspected of committing a crime or in police custody. Below, we discuss common forms of police brutality and what you can do to protect your civil rights.
#1: False Imprisonment
False imprisonment occurs when an officer takes an individual into custody without having probable cause or obtaining an arrest warrant. Police have probable cause to make an arrest if they witness a crime being committed or they have reasonable belief that the person committed or is going to commit a crime. An officer’s “reasonable belief” is based upon the information that was available at the time they acted, even if their instincts are proven wrong at a later date. If police don’t have legal grounds for arresting you, then you might have a claim for false imprisonment or false arrest.
#2: Excessive Force
Police must use the amount of force that is reasonably required to accomplish the lawful duties required by the occupation. The definition of what is considered excessive force depends on why the officer initiated the arrest and the manner in which the suspect responded. So if police respond to a violent crime and the suspect possesses a weapon, then it can be considered reasonable for police to use the necessary level of force to restrain or take lethal action if they reasonably believe the suspect poses an immediate threat to them or others.
It is important to point out that police officers can’t strike or hurt an individual who does not possess a weapon, not acting in a life-threatening manner, or follows instructions given to them by an officer. The use of force must stop when the suspect is restrained.
#3: Malicious Prosecution
Claims of malicious prosecution must be filed when a police officer initiates a criminal proceeding without reasonable proof that a crime has been committed. This type of criminal proceeding generally results in the victim not being convicted. This type of claim exists protect people from emotional stress, embarrassment, and financial expenses that arise when a criminal case lacks merit.
Our Police Brutality Lawyers Will Advocate for You
Whether police misused their power against you a during routine car stop, interrogation, or any other interaction with law enforcement, Lessem, Newstat & Tooson, LLP is here to use our cutting-edge resources and decades of combined experience to help you fight back and pursue justice. We firmly believe that it is our responsibility to help you or a loved one and stand up against those who inflicted unnecessary harm or violated your constitutional rights.
If you would like to set up a consultation to discuss your case with one of our attorneys, then please call (800) 462-7160 or contact us online today.