Suing The Police: Civil Rights Violated By Police in a Criminal Case
There can be confusion sometimes about the role of a criminal defense lawyer for those that are facing false accusations or have been mistreated by law enforcement. These individuals not only want charges dropped, but are also seeking justice for the emotional and physical distress they have been subjected to, as well as the upheaval in their lives. It is important to understand the role of a criminal defense attorney. When a person is charged with a crime, they have a hammer of justice above their heads ready to come down on them. The job of a criminal defense lawyer is to remove that hammer. While it is a relief to get a not-guilty verdict or to have charges dismissed, it can also feel bittersweet, in that the person who made the accusation or the officers who used excessive and unnecessary force have no repercussions for their actions. This is where a civil lawsuit comes into play.
Sometimes, a criminal case doesn’t just end with a verdict, depending on the circumstances it can be a stepping stone toward a civil lawsuit. A civil lawsuit is meant to hold those accountable who have wronged a person, where the plaintiff sues the individuals for some form of compensation for the anguish they have caused. This can feel like a justified step for people who have suffered needless nights in jail, lost jobs or career opportunities, have been wrongfully barred from seeing their children or other family members, or who have been physically wounded by the police. However, pursuing a civil case after a criminal one is not as straightforward as it seems, especially in cases where law enforcement or others have wrongfully caused harm.
Case Study: How to Sue the Police in Ohio
In one particularly difficult case we helped out with, our client was a man who was wrongfully accused of disorderly conduct while attending a music festival. He was having a diabetic seizure, but the police mistook it for intoxication and used excessive force in the process. He suffered a broken rib and the loss of his insulin pump during the arrest.
Despite this, the prosecutor tried to make him sign away his civil rights in exchange for dropping the charges, which would have prevented him from suing the officers for their misconduct. This is a common tactic employed by prosecutors, and one that we often advise our clients against. It’s important to hire an experienced criminal defense attorney near you who is aware of these types of strategies. Our client deserved justice, and that included holding the officers accountable for their actions.
If you feel that you have been wronged by the police and are looking to pursue a civil lawsuit, there are some important steps you can take:
- Gather Evidence: You need to collect as much evidence related to the incident as possible. This can include things like photos, videos, witness statements, and medical records.
- Consult with a Lawyer: If you are planning to sue the police, you will need to seek legal counsel from a lawyer experienced in police misconduct cases. They will evaluate your case, and determine if you have a valid claim.
- File a Complaint: Your lawyer can then help you file a formal complaint with the police department’s internal affairs division or the Department of Justice. This can be done in many ways, in a written letter, giving a verbal statement or through email.
- Move Forward with a Civil Lawsuit: If your complaint is not resolved with the police department, then you will need to file a civil lawsuit against the police department or individual officers. You will file a complaint with the proper court, who will then issue a summons and serve the defendant, notifying them that they are being sued.
If you are planning on suing the police, it’s important to be aware of some possible challenges. Police officers are protected by something called qualified immunity, meaning they cannot be sued for their actions unless it can be clearly demonstrated that they violated a person’s constitutional rights in their actions. Some constitutional rights that can be breached when an individual is arrested include the right to be free from excessive force, unlawful search and seizure, or wrongful arrest. These cases can be tricky, so it is always best to work with a civil rights lawyer with experience in police misconduct.
Suing the Police and the Need for Accountability in Law Enforcement
While it’s rare for a criminal case to lead to a civil suit, there are instances where the actions of law enforcement are so egregious that pursuing a civil case becomes necessary. The challenge lies in overcoming qualified immunity, which protects police officers from most civil suits unless there’s clear evidence of bad faith. However, in cases like the one mentioned above, where it’s evident that the police acted recklessly, we can still make a strong argument for justice to be served. Contact the Joslyn Law Firm if you have been charged with a crime or feel your civil rights have been violated for a free case consultation.
