Simply put, police misconduct and brutality is a threat to the justice system, and victims always find themselves in tough situations. Police brutality has a long history, and it may include physical and emotional distress, but most victim complaints fall on deaf ears. They are made to feel as if there were at fault for merely being involved with the police in the first place. Even though sometimes police brutality involves people who have not been arrested, it’s usually worse for those who have criminal records.

It’s natural for a person to want to sue the police, more so if their arrest was unwarranted or abusive. Suing the police, however, can be arduous given the legal protection the police departments have. Still, this does not mean it’s impossible, especially when you have a competent police brutality lawyer handling your case. 

Common Types of Police Brutality

According to the law, a police officer is allowed to use physical force when absolutely necessary in a situation. If you remain calm and respectful during an arrest, they should not use physical force at all. The professional police brutality lawyers you’ll find at USAttorneys.com defend victims of different police brutality, including:

• Brutality after a police pursuit
• Brutality during routine arrests, traffic stops, and detentions
• Racial profiling
• Brutality by police in prisons, jails, and detention facilities 
• Brutality by hospital security officers. Housing police, and school safety officers

Regardless of the case, the right police brutality lawyer will not only be compassionate but will aggressively defend you and obtain the settlement that you deserve. Here are some prevalent police misconduct situations.

• False arrest – According to the law, a police officer is required to make an arrest when or if they have probable cause. Without probable cause, they would be violating your civil rights. You may sue for compensation for physical injuries from excessive force, humiliation, emotional distress, confinement, lost job opportunities, and other damages that occur from the arrest. 
• Unjust imprisonment – If you were imprisoned, albeit your innocence, you are entitled to compensation for your pain and suffering. 
• Excessive force – Sometimes, police officers overstep their authority bounds and use excessive force, especially in racial profiling cases. The law, however, protects citizens from police violence, even if the victims are convicts in prison. 
• Authority abuse – Some police officers continuously feel the need to intimidate and mistreat citizens, which is considered an abuse of power. 

Qualified Immunity

The police enjoy certain legal protections, such as the qualified immunity, which substantially insulates them from being sued. This protection allows them to carry out their duties efficiently and effectively. Simply put, it allows the police to work without worrying that everyone will sue them. If they always have to worry about lawsuits, their ability to enforce the law may be inhibited, which may be valid to an extent. Qualified immunity, however, does not apply if victims can prove that the officers acted unreasonably. 

How Do You Sue the Police for Brutality?

To successfully sue the police for brutality, you must show a pattern of behavior. One incident is not enough. If you were forcefully arrested and the police violated your Fourth Amendment Right, you must be able to show that they had no probable cause for doing it. If the officers did have sufficient evidence of probable cause to arrest you, most courts would rule that there was no rights violation. 

If the police used excessive force unnecessarily, you have to show that your situation did not call for such brutality. It would help your case if you have physical injuries that resulted from the excessive force they used. Most of the time, suing for emotional distress without proof that it was a result of police brutality does not work. Showing proof is not easy though, which is why people are advocating for all police officers to wear body cams, and make it easier to see exactly what they do to victims. 

After a confrontation with the police that calls for legal action, the first thing a victim should do is speak to a police brutality lawyer. The second thing is to preserve as much evidence as possible, and the third is to file a complaint at the police department, the United States Department of Justice, and the Attorneys General Office. Police misconduct cases can be complicated, especially when the police charge you with a crime during the brutality. They may say that you resisted arrest in order to defend themselves, which could impact the case significantly. A professional attorney will guide you and offer you expert advice about what to do.