Police brutality victims have a legal right to sue those who have violated their Civil Rights. When that violation has resulted in an injury, they have a legal right to sue for their personal injury and the violation of their rights. Police brutality is defined as the excessive use of force, which can be physical force, physical harm, false arrests, sexual abuse or assault, racial profiling, verbal attacks and verbal intimidation, by a police officer or police officers. Police officers are allowed to use a reasonable amount of force to detain and arrest people, but when that force is unreasonable and is excessive, it is a violation of a person’s Civil Rights, according to the Fourth and Fourteenth Amendments.
The Fourth Amendment of the U.S. Constitution (which is a part of the Bill of Rights, inalienable rights given to citizens to guarantee personal freedom and limit government power) prohibits unreasonable searches and seizures (which includes arrest). This protects people from being searched or having their property taken away without good reason. In order for a police officer to search or arrest someone, they must get a warrant to do so, or have good cause to think a crime is happening.
The Fourteenth Amendment addresses citizen’s rights and equal protection of the laws, limiting the actions of state and local officials. This means that police officers are not allowed to curtail citizens privileges or immunities, nor can they deprive a person of life, liberty or property without due process and cannot deny a person equal protection of the laws.
Under the Federal Civil Rights Act a person can sue those who have violated their Civil Rights. This means that when a person feels they have been subjected to police brutality, which is a violation of their rights, then they are allowed under the law to sue those responsible.
Police brutality cases are not always reported, this may be due to a variety of factors. Those who deserve justice, often times do not get it. Police officers are supposed to enforce and uphold the laws. When they, themselves, have violated laws, given to every citizen of this nation, then they should be held accountable for their wrongdoing. It is a violation to a person’s rights and a violation to those police officers who honorably serve their communities.
If you have been subjected to police brutality in Michigan, you should contact a police brutality lawyer capable of getting the justice and compensation you deserve for the violations to your Civil Rights.