August 26, 2024
How Do I Sue the Police for Violating My Civil Rights?
Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer
Police misconduct cases, particularly those involving violations of civil rights, require a deep understanding of constitutional law and legal procedures. These are often uphill battles due to the blue wall of silence and the fact that the police regularly appear in front of judges to testify, which creates an “insider group.” From gathering evidence, identifying the right laws, navigating bureaucratic hurdles, and filing a lawsuit, each step can be tricky. Find the answers about “how do i sue the police for violating civil rights” here.
At Pointer & Buelna LLP, Lawyers for the People, our practice is primarily dedicated to civil rights violations and police brutality cases. If you have a question for a California civil rights lawyer, don’t hesitate to reach out for free consultation.
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Your Rights during Police Encounters
In police encounters, you have certain rights guaranteed by the Fourth Amendment and the case law set forth in Miranda v. Arizona. These rights include:
- Be free from unreasonable searches and seizures: The police need probable cause or a warrant to search your property or seize your belongings.
- Receive equal protection and due process: The police cannot discriminate against you based on your race, gender, religion, or any protected characteristic. You are entitled to fair treatment and legal procedures.
- Remain silent: You have the right to remain silent if you’ve been arrested.
Steps to Take When Your Civil Rights Are Violated
As California civil rights lawyers, these are the steps we encourage you to take if your civil rights have been violated:
- Document the incident
- Gather evidence
- File a complaint
- Talk to an attorney
How Do I Sue the Police for Violating My Civil Rights?
Here is a general outline of the steps involved in suing the police:
- Meet with a civil rights attorney to discuss your case.
- Your attorney will conduct a thorough investigation, gather evidence, and interview witnesses.
- Your attorney will file a complaint on your behalf setting out the details of the violation and what damages you are seeking.
- Both sides will exchange information. This may include depositions, interrogatories, and document requests.
- As your attorney, we will explore settlement negotiations.
- If no agreement is reached, your case may proceed to trial.
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Common Examples of Police Misconduct Leading to Civil Rights Violations
Police misconduct can take various forms and result in civil rights violations. Some common examples include:
- Excessive use of force
- False arrest or imprisonment
- Racial profiling
- Illegal searches
- Retaliation
What Damages Can You Recoup?
If your civil rights have been violated by the police, you may be entitled to:
- Compensatory damages
- Punitive damages
- Reimbursing your legal fees and costs
- Injunctive relief (an order prohibiting the police from engaging in specific practices)
Looking for a California Police Brutality Attorney? Get a Free Consultation Today
If you have experienced a civil rights violation by police, the qualified, resourceful California civil rights attorneys at Pointer & Buelna LLP, Lawyers for the People are here for you. With our deep understanding of constitutional law and proven commitment to standing up against police misconduct, civil rights cases like yours are what we do.
Contact us now to speak to a lawyer.
Adanté Pointer
Pointer has received numerous awards and honors. He has been selected as the “Nations Best Advocate” by the National Bar Association, a “Superlawyer” in 2021 by Superlawyers Magazine and was recently featured as being “the Best Civil Rights Lawyer You May Not Have Heard Of” by the East Bay Express.
Years of Experience: 16+ years
