If a police officer disrespected your rights or caused unnecessary harm, you may be eligible to sue the officer. It is crucial to note that even though you are a victim of some form of police misconduct, suing the police is typically complicated. If you have reasons to believe that your civil rights have been violated, it is recommended to contact a civil rights attorney in NYC who can help you understand your legal options.
What Constitutes Police Discrimination?
Law enforcement authorities, including police officers, are legally bound to treat all people equally regardless of their race, sex, ethnic background, religion, or other distinguishing characteristics. The police can stop a person for cursory questioning if they have a reasonable doubt of criminal activity. However, if the holding is longer than necessary or the officer used highly intrusive methods to investigate suspicions, it is a case of police discrimination. Besides, the officer cannot arrest a person if there is no probable cause.
Filing a Lawsuit for Discrimination
A person may be eligible to file a lawsuit if they have been subjected to police harassment such as that mentioned below:
- Falsely arrested and detained for an unreasonable period
- Subjected to excessive force
- Been a victim of abusive force without any suspicion of criminal activity
- Experienced suggestions or demands for bribes
- Been exposed to verbal abuse or attacks referring to race or ethnicity
Law enforcement personnel are qualified to have some level of immunity against civilian complaints. Several cases of police discrimination show that the police are misusing their power under this immunity. Hence, to successfully file your lawsuit, it is recommended to record complete details of the incident through written notes and collect any eyewitnesses contact information.
Demonstrating Police Officer Discrimination
If you win your case, the court may award monetary compensation for your damages, emotional or physical injuries, and restitution for the violation of your civil rights. The court may also charge the police department for punitive damages as a punishment for misconduct.
To successfully prove your case, you need to demonstrate misconduct. A singular incident of harassment may be insufficient to prove misconduct. In order to successfully file a lawsuit for police discrimination, the victim is required to demonstrate that the police officer has a pattern of such behavior. If you have been falsely arrested, you will have to prove that the police did not have a sufficient warrant or probable cause for your attest. Similarly, if you are filing a claim for an excessive force that resulted in serious injuries, you will have to show that your situation did not call for the amount of force that the police officer used.
How Can A Civil Rights Lawyer Help You?
Building a solid foundation for your case is essential to prove police discrimination. When seeking legal counsel, it is imperative to hire a seasoned attorney who is not afraid to go against the police department and will work relentlessly for justice and equality. An excellent civil rights attorney can help you explore all the possible avenues of legal recourse while safeguarding your civil rights.
