Police Brutality Questions
Police brutality is the act of using excessive force against a civilian by a police officer when the civilian is not creating or posing any type of threat. This violates the Fifth and Fourteenth Amendments of the United States Constitution. Examples of police brutality would be a police officer beating a person with his baton when the person is not provoking such force, kicking, punching, slapping or slamming a person who is not resisting arrest. Below are a few of the more commonly asked questions about police brutality that have been answered by Experts.
What is police brutality and misconduct?
Police are allowed to use force to arrest a suspect. If a person resists arrest and excessive force is necessary to make the arrest or to protect onlookers, the excessive force is generally allowed. However, if a person doesn't resist arrest or if the police used unnecessary excessive tactics to make the arrest, the person would have reason to file for police brutality and misconduct. A person could possibly file charges for assault and battery against the police.
How to file a suit for police brutality?
- First, contact Internal Affairs in the police department where the police in question are employed. You will need to file a report with them and they will conduct an investigation.
- Next, hire a Civil Rights attorney who can file a claim against the police. Once this is done, you can file a lawsuit.
How to file a police brutality case, when there are witnesses of innocence?
Usually, a victim should file a complaint through Internal Affairs at the precinct where the officer is employed. The sooner the complaint is filed, the sooner the officer(s) in question can be investigated. As far as the rest of the allegation, that is aggravated battery.
Before the victim can attempt to sue the police department, the criminal case will have to end in order for the victim to have a full account of his/her damages. The victim/defendant cannot accept any form of plea agreement on the criminal matter, doing so would hurt their civil case if they plan to pursue it.
The victim needs to contact an attorney and discuss both situations. After reviewing the information, the attorney will have an idea of how to approach. At this time, the victim will have to decide whether to sue for the police brutality and face a possible conviction for the criminal charges or not sue and attempt working towards a plea deal. The attorney can determine how strong the criminal charges are against the victim/defendant and how strong the victim's case against the police officer(s) is before making the choice.
What is the statute of limitations on suing for police brutality, In Minnesota?
Minnesota Statute of Limitations is two years: Section 1983 Civil Rights claim and a claim for injury to a person based on intentional misconduct. However, a person planning on suing generally has to file a notice of claim when dealing with a government agency or municipality. Filing a notice will let the government agency or municipality of the potential litigation against them. Generally, a notice of claim should be filed within the first six months so it is important to contact an attorney to assist you in the matter soon. It is very possible to be barred from filing a lawsuit if you fail to file the notice.
Can one sue for police brutality for a busted door and searching their home?
If the police busted your door down but didn't injure you, you couldn't claim police brutality. However, if the police searched your home without a warrant, you could file suit against them after the criminal case has ended. You could file suit for violation of your civil rights and for searching your home without a proper warrant in violation of the Fourth Amendment right to be free from unreasonable search.
Being a victim of police brutality can be an emotional nightmare. The physical abuse alone is painful, but add the mental anguish that accompanies brutal acts of violence and the results can be crippling. If you are a victim of police brutality and don't know who to turn to, or you have questions regarding police brutality, you should ask an Expert for assistance and guidance.