Police Misconduct

What is Police Misconduct?

There are many different forms of police misconduct. There is physical misconduct, such as police brutality or excessive use of force claims. These claims are based on the theory that the officer did not act reasonably in performing his or her duties. The most serious physical misconduct cases usually involve shootings, as this is likely to lead to serious injury or death. Physical injuries are strong evidence of excessive force. If you do not have physical evidence of your injuries, you may still be able to pursue a claim, so be sure to ask a civil rights lawyer about your specific case. 

Misconduct can also occur in police processes. If you are falsely arrested or subject to an illegal search, or the police illegally seize incriminating evidence, you are also the victim of police misconduct. Sometimes, this abuse of process goes all the way to trial. 

If you are the subject of malicious prosecution, you may have a civil rights claim against a prosecutor or prosecuting agency. This can occur even after lengthy appeals (if the defendant is eventually formally exonerated). It can be difficult to know exactly what happened behind closed doors. This is why it is important to hire an attorney who has the authority to subpoena documents, depose witnesses, and get information that would otherwise be unavailable to you.