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Category: Criminal Law
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Experience:  licensed attorney in criminjal law for 30 years
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Police department violated my civil rights twice by trying

Customer Question

Police department violated my civil rights twice by trying to arrest me for no reason, then gave me a nuisance tickets (problem) in my home sitting down. When they tried to arrest me I had broken ankle and they ended up spraining that ankle I had to go too ER next day due to pain
JA: Have charges been filed? If so, when is the next court date?
Customer: No know one will take the case
JA: In what state did this occur?
Customer: Wisconsin
JA: Anything else you want the lawyer to know before I connect you?
Customer: I believe the police department is corrupted the chief will not return my calls the commissioner laughed in my face.
Submitted: 2 months ago.
Category: Criminal Law
Customer: replied 2 months ago.
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Customer: replied 2 months ago.
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Customer: replied 2 months ago.
I just found out the lieutenant who was one of the officers that tried to arrest me was fired from his job for stealing drugs out of the locked cage.
Expert:  RayAnswers replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 2 months ago.

A statute known as Section 1983 is the primary civil rights law victims of police misconduct rely upon. This law was originally passed as part of the Civil Rights Act of 1871, which was intended to curb oppressive conduct by government and private individuals participating in vigilante groups, such as the Ku Klux Klan. It is now called Section 1983 because that is where the law has been published, within Title 42 of the United States Code. Section 1983 makes it unlawful for anyone acting under the authority of state law to deprive another person of his or her rights under the Constitution or federal law. The most common claims brought against police officers are:

  • False arrest (or false imprisonment)
  • Malicious prosecution
  • Unreasonable/excessive force

The claim that is most often asserted against police is false arrest. Persons bringing this claim assert that police violated their Fourth Amendment right against unreasonable seizure. If the officer had probable cause to believe the individual had committed a crime, the arrest is reasonable and the Fourth Amendment has not been violated. Police can arrest without a warrant for a felony or misdemeanor committed in their presence. (Some states also allow warrantless arrests for misdemeanor domestic assaults not committed in the officer's presence.)

Even if the information the officer relied upon later turns out to be false, the officer is not liable if he believed it was accurate at the time of the arrest. To prevail on a false arrest claim, the victim must show that the arresting officer lacked probable cause, that is, facts sufficient to cause a reasonable person to believe that a crime had been committed.

A malicious prosecution claim asserts that the officer wrongly deprived the victim of the Fourteenth Amendment right to liberty. To win this type of claim, the victim must show four things:

  1. The defendant police officer commenced a criminal proceeding.
  2. The proceeding ended in the victim's favor (that is, no conviction).
  3. There was no probable cause.
  4. The proceeding was brought with malice toward the victim.

As with false arrest, this claim will fail if the officer had probable cause to initiate criminal proceedings.

Excessive force claims receive the most publicity, perhaps because the results of excessive force seem the most outrageous, involving serious physical injury or death. Whether the officer's use of force was reasonable depends on the surrounding facts and circumstances. The officer's intentions or motivations are not controlling. If the amount of force was reasonable, it doesn't matter that the officer's intentions were bad. But the reverse is also true: if the officer had good intentions, but used unreasonable force, the excessive force claim will not be dismissed.

You may want to sue here in federal court for all of these causes of action for the denial of your rights and harm to you.

Civil rights lawyers by city to help you sue here

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