Law enforcement agencies and police departments in California are tasked with duty to protect and serve.  However in many instances police officer overstep their powers and engage in the use of excessive force, psychological abuse and verbal intimidation. Such actions can be constituted as Civil Rights Abuses and lead to serious long term injuries.  Other forms of police misconduct include

• Making False arrests
• Unlawful use of excessive force
• Racial and ethnic profiling
• Extortion and Racketeering
• Conspiracy to commit a crime
• Intimidation by use of the badge
• Failure to investigate a crime or misconduct of another officer
• Illegal stops and searched
• Failure to properly train offices
• Inadequate supervision

Police Civil Rights Violation:

Civil rights are the personal rights every resident of the Unites States possesses.  In our nation many of these rights are delineated in the Bill of Rights of the US Constitution, as well as future amendments to the constitution that have been adopted over the years.  Laws enforcement agencies have a duty preserve such rights.  Some important civil rights individuals hold that cannot be abstracted by law enforcement agencies are as follows

• Equal protection under the law
• Right to due process during an arrest and charge
• Right to legal representation
• Right against discrimination based on race, color, origin, or religious affiliation

Police Physical Abuse Claims and Compensation

Police departments, Sheriffs offices and the California Highway Patrol (CHP) have a duty to refrain from acts of physical violence and intimidation.  In some instances police may be justified in using physical force to restrain an individual, prevent harm to themselves or others, or prevent resisting arrests.  Unfortunately police officers can cross the line and use excessive force.  Some common acts of physical abuse by law enforcement include

• Chocking
• Excessive use of batons
• Mistaken and or unjustified use of firearms – unlawful police shootings
• Excessive use of tasers and electroshock weapons (stun guns)
• Police K-9 Dog Bite Injuries
• Use of torture to get information
• Deprivation of basic necessities and medical care after arrest
• Sexual Molestation and Sexual Assault by police officers
• Harassment based on sexual orientation of a suspect
• Race and Religions based harassment
• Unlawful spying without proper court provide authority
• Unlawful search and seizure of property
• Acts committed in pursuit of personal interests.

Bane Act Pena Code section 422.6:  The bane act creates criminal remedies against individuals who have participated in civil rights abuses against others  “by force or threat of  force, oppress, injure, intimidate, or interfere with any other person in the free exercise or enjoyment  of any right secured by the state or federal government.”

Civil Lawsuits for Police Brutality and Civil Rights Abuse

Many victims of Police abuse feel hopeless; they feel there is no legal recourse for them since the individual who abused them is a police officer.  However this is not the case.  The law provides protection against police misconduct leading to injuries and harm. Every year millions of dollars in compensation are paid out by police departments across the state of California for Civil rights abuses against civilians.  In just a three year period the LAPD [Los Angeles Police Department] paid over $64 Million dollars in damages for abuse by its police officers. Compensation for injuries due to police abuse can be based on several factors including

• Medical Costs – including emergency room visits, hospitalization
• Future medical needs and rehabilitation needs
• Lost earning and future loss of income due to inability to  work
• Pain and Suffering – humiliation, injury to reputation for false arrest
• Emotional Trauma – leading to anxiety, depression, post traumatic stress
• Punitive Damages – where possible

Punitive damages are available where the law enforcement officer has acted with intentional intent or reckless disregard for the victims civil rights. If you have any further questions and would like to speak to a Civil Rights Police Abuse Attorney call us at (855) 339-8879.