Can I Sue if Police Violate my Civil Rights?

by | Jul 2, 2018 | Civil Rights | 0 comments

Police officers have a duty to serve and protect public citizens. In some situations, there are police officers who don’t always uphold their oath. If you have been a victim of a civil rights violation at the hands of a police officer, you have every right to pursue legal action.

Understanding Civil Rights Violations

The Civil Rights Act of 1871 ensures that a victim can sue the police in the event of a civil rights violation. With a Section 1983, a public citizen can bring a civil suit against a government agency or police department following a violation of the individual’s rights.

Every state has laws on the books that prevent officers from abusing their power. Even if you are guilty of a crime, unless you have been violent, an officer does not have a right to assault you physically. Problems like false arrest, planting evidence, malicious prosecution, and failure to intervene are some of the common reasons to sue a police officer or department.

What Kind of Civil Rights Violations Exist?

If you’re not sure if you suffered a violation of your rights, the best thing to do is to contact an experienced lawyer. They know the books, and they will be able to tell you if you have a case or not.

Keep in mind that the police cannot arrest you for no reason. There must be a legitimate reason for the police to pull you over or stop you. This also includes cases of mistaken identity. If police don’t have the correct warrants, you may be able to argue false arrest in court as well.

Failure to intervene is another problem that has cropped up recently. When one officer is violating a citizen’s rights, and his or her partner officers must step in and stop the violation. Failure to do so is a breach of the law.

Can I Sue the Police for a Violation of my Civil Rights?

Any individual may sue the police department. The problem is that suing this agency is often difficult, time-consuming, and biased in favor of police officers. However, in the digital age, it’s now a lot easier to prove charges against an officer.

To win a civil rights case against the police, you will need an experienced lawyer. Even if you have all the evidence on your side, you still need an attorney. Police departments have entire teams of experienced lawyers to argue for them. You need a civil rights lawyer who will actively fight for your rights.

Qualified Immunity

Some government agencies give their employees immunity with any suits that are brought against them by a private citizen. While this seems unfair, your particular claim can lead to an overruling of these immunities. A situation that may lead to overruling governmental and qualified immunity involves the use of excessive force and blatant disregard for an individual’s civil rights.

If you find that you have suffered a violation of your civil rights at the hands of a police officer or federal agent, it is well within your rights to file a civil lawsuit. Call an experienced attorney today to make sure that your voice is heard. By consulting with a civil rights lawyer, you’ll be able to protect your rights.

Michigan Legal Center has over 20 years of experience fighting for the civil rights of citizens across Michigan. We are prepared to fight for the justice you deserve. Contact us at (800) 961-8477 for a free case evaluation. Our phone lines are available 24/7.

Christopher Trainor and Associates Featured on WXYZ

Recently Christopher Trainor and Associates was featured on WXYZ 7 Action News in Detroit regarding a client's case against the Detroit Police Department in which the client was wrongly arrested and held in jail. The full article and can be found on the WXYZ website.

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