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November 17, 2024

How Much Can You Sue For Police Brutality? 2024 Update

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

Police brutality is a serious issue that can have profound physical, emotional, and financial consequences for its victims. If you or a loved one has experienced police misconduct in California, you may be wondering how much can you sue for police brutality. There are many factors that play into the compensation typically awarded in police brutality cases. Consult with our California police brutality attorneys regarding your specific situation.

Defining Police Brutality

Before we delve into the financial aspect of suing for police brutality, let’s be clear about what exactly that entails. Police brutality refers to the use of excessive force or abuse of power by law enforcement. Examples include unwarranted physical assault, verbal intimidation, wrongful arrests, sexual misconduct, and even fatal encounters.

Types of Police Misconduct

Police misconduct comes in several different forms. All types of police misconduct violate individual rights How much you can sue for police misconduct The amount that you can sue for depends upon the nature and extent of the violation and any consequent damages. Common general types include:

• Excessive Force: excessive or unjustified physical force executed by law enforcement, in most cases during arrest or protests.
•  False Arrest or Imprisonment: It is detention without probable cause or any legally justifiable reason. 
• Racial Profiling: stopping or otherwise targeting people because of their race or ethnicity instead of evidence-based or behavior-based profile. 
• Bribery and Corruption: receiving bribes, tampering with evidence, or other unethical acts to achieve personal or professional benefit.
• Sexual Assault: This is forced sexual intercourse with threats or while under custody.

This view, by the Police Misconduct Center, states that those kinds of practices are hardly punished because of systemic problems, hence police accountability. 

Common Police Misconduct Claims

Many victims of police misconduct file claims for the following: 

• Deprivation of Civil Rights: when the police violate a person’s rights protected in the United States Constitution; this includes protection against unreasonable searches and seizures.
• Excessive force: incidents where the amount of force used was excessive relative to the circumstances:  
• Wrongful Death:  when abuse of authority leads to a person’s death, in an incident that often involves an overdose of force.
• Discrimination based on race or gender, or any category in the protected characteristics.

These claims may be grounded in violations of both federal and California state law, including the Bane Act, California Civil Code §52.1, which protects individuals from threats, intimidation, or coercion in interfering with their rights.

How Can Police Misconduct Be Prevented?

The prevention of police misconduct is very systemic, accompanied by community involvement. Key measures will involve:

• Improved Training: Training on methods of de-escalation, cultural understanding, and proper use of force.
• Accountability Mechanisms: Independent oversight committees that investigate every allegation of wrongdoing.
• Body Cameras: Cameras on the bodies of all officers can serve as evidence in any encounter and make operations more transparent.
• Community Policing Initiatives: Encouraging collaboration between law enforcement and communities to rebuild trust and improve communication.

It includes several measures to prevent such misconduct, including stricter accountability laws against police officers that have been enforced in California. Such reforms help keep police officers within the bond of ethical and lawful duties, which serve both the citizens and the justice system in better ways.

How Much Money Do Victims of Alleged “Police Brutality” Get Awarded from Lawsuits?

The amount of compensation awarded to victims of police brutality can vary greatly from case to case. Several factors are taken into account when determining the financial settlement, including the severity of the injuries, the impact on the victim’s life, and any lasting physical or psychological trauma.

In some cases, victims have been awarded millions of dollars in police brutality lawsuits, covering medical expenses, lost wages, pain and suffering, and punitive damages. For example, Rodney King was awarded $3.8 million for the 1991 roadside beating he sustained. Again, each case is unique, and the outcome depends on the specific circumstances and evidence presented.

How Much Can You Sue for Police Brutality? 2024 Update

The amount of money you can sue for police brutality depends on the type of party you are suing and the type of claim you are filing:

1. Personal injury lawsuit: The highest amount you can collect is $300,000 if the lawsuit is against a government entity. If the claim is against a municipal or county employee, the maximum is $700,000, and if the claim is against a state employee, the maximum is $1,000,000.
2. Police Misconduct Lawsuit: The average payout for police misconduct cases is approximately $17,500.

Keep in mind that these are approximate amounts. While there is no predetermined amount that victims can sue for in law enforcement misconduct cases, having a police brutality attorney in California on your side goes a long way toward securing a fair settlement for your particular case.

Possible compensations

The compensation sought in police brutality lawsuits typically includes economic damages, like medical expenses and lost wages, as well as non-economic damages, encompassing pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages, awarded to punish the police officer(s) and deter similar behavior in the future, may also be sought in certain cases. A dedicated attorney from Pointer & Buelna can evaluate the details of your case, establish liability, and fight for the highest possible compensation on your behalf.

How Often Do Lawsuits Against the Police Succeed in California?

Lawsuits against the police in California can be challenging due to the legal protections afforded to law enforcement officers. However, successful outcomes are possible, especially with the help of a skillful lawyer. The success of your California police brutality lawsuit depends, again, on several factors, including the strength of the evidence, witness testimonies, expert analysis, and the legal strategy employed. 

It is important to remember that each case is unique, and the outcome will depend on the specific circumstances and the competence of the legal representation.

FAQs

What is a misconduct lawsuit?

A civil lawsuit for misconduct is a case filed against law enforcement because it has violated an individual’s rights through some type of unlawful behavior. These cases are intended to hold officers or departments accountable and seek compensation for damages. In California, victims often pursue claims under both state and federal laws.

What is the most serious of police misconduct?

Excessive force and wrongful death is the worst form of police misconduct. The tragedy affects not only individual families but also reflects deep into systemic failures within law enforcement.

Can you sue a local police department?

Yes, you can sue a local police department for misconduct. Victims usually have to prove that the policies, practices, or lack of supervision by the department contributed to the misconduct. State laws of California, such as the Government Claims Act, provide the procedure for filing such lawsuits.

How much is a police brutality settlement?

These settlements may run from tens of thousands of dollars to several millions depending on the gravity of the injury, the nature of the misconduct, and the evidence available. Indeed, some recent cases in California saw their verdict range from tens of thousands of dollars to millions of dollars. According to data compiled by the Innocence Project, strong evidence is essential in supporting one’s claims to ensure that fair compensations are paid.

Contact Our California Police Misconduct Lawyers

At Pointer and Buelna, our skilled attorneys handle law enforcement misconduct cases regularly. As you might imagine, we are passionate about ending police misconduct and fighting for your rights.

To set up a free legal consultation and case review, contact us now.