Police Misconduct Attorney Sacramento

Police misconduct is a serious issue that undermines public trust in law enforcement and violates individuals’ rights. A police misconduct attorney in Sacramento in Pointer and Buelna, LLP: Lawyers For The People, can help victims seek justice and hold offending officers accountable. We have substantial experience representing clients wrongly harmed by the police and are ready to do the same for you.

Give us a call at (510) 929-5400 if you are a victims of police brutality. We are ready to review your case. We are available 24/7.

Defining Police Misconduct

Police misconduct encompasses a range of inappropriate actions by law enforcement officers that violate the law or departmental policies. These actions can include:

  • Excessive force: Using more physical force than necessary to subdue a suspect.
  • False arrest: Detaining an individual without probable cause or a valid warrant.
  • Racial profiling: Targeting individuals for suspicion of crime based on race or ethnicity.
  • Unlawful searches and seizures: Conducting searches or confiscating property without a warrant or probable cause.
  • Brutality: Inflicting physical harm on individuals during or after an arrest.
  • Coercion and intimidation: Using threats or force to obtain confessions or compliance.
  • Fabricating evidence: Creating false evidence or planting evidence to secure a conviction.
  • Sexual misconduct: Engaging in inappropriate or illegal sexual behavior while on duty.

These actions not only violate the rights of individuals but also erode public confidence in the justice system.

Police Misconduct in California – Statistics

California, like many states, faces significant issues with police misconduct. Understanding the scope of the problem is essential to addressing it effectively. The following is some disturbing data from the Public Policy Institute of California showing the prevalence of this issue in our state.

  • Interactions with law enforcement officers kill nearly 200 people in California yearly.
  • Of the encounters resulting in severe injuries or deaths, about 15 percent of them involve pedestrian and car stops.
  • More than 40% of people who lived after suffering gunshot wounds after a police encounter either had a mental health issue or a substance addiction.
  • Nearly 60% of people suffering severe injuries had no weapons when encountering police.
  • Black people in California face three times the risk of being severely hurt or killed during a police interaction than other racial groups. 

Can You File a Lawsuit?

You can file a lawsuit against the offending officer and, in some cases, the police department if you’re the victim of police misconduct. Here are the steps involved in pursuing legal action:

 

  • Consult an attorney: The first step is to consult an experienced police misconduct attorney in Sacramento with Pointer and Buelna, LLP. They can evaluate your case and advise you on the best course of action.

 

  • File a complaint: Before filing a lawsuit, your lawyer may need to file an internal complaint with the police department or a formal complaint with the appropriate oversight agency, such as the California Department of Justice or the local civilian review board.

 

  • Gather evidence: Your attorney will work to collect all relevant evidence, including medical records, witness statements, video footage, and any documentation of the misconduct. They’ll also help you compile a comprehensive case file.

 

  • File a lawsuit: Your lawyer will then draft and file a complaint in civil court, detailing the allegations and the damages sought. They may file a lawsuit against an individual officer, the police department, or the municipality. The litigation process involves discovery, depositions, and possibly a trial. Your attorney will represent you throughout this process, advocating for your rights and seeking justice.

Examples of Police Misconduct

Police misconduct can take many forms, with all of them leading to severe implications. Some notable examples include:

 

  • Excessive force: Officers will sometimes use a stun gun on an unarmed individual who poses no threat, resulting in severe injuries.

 

  • False arrest: In some cases, an officer will arrest a person without a warrant or probable cause, leading to unlawful detention.

 

  • Racial profiling: Officers often target and car stop primarily because the drivers are persons of color, without any other legitimate reason.

 

  • Brutality: Police will sometimes cause substantial physical harm to a person who is cooperating with their orders. 

 

  • Unlawful search: Police sometimes search people’s homes without a warrant or probable cause, violating their Fourth Amendment rights.

Damages Available From Injuries Suffered Due to Police Misconduct

Victims of police misconduct can seek various types of damages through a lawsuit. Types of damages include:

 

  • Compensatory damages: These damages cover medical expenses, lost wages, and other financial losses resulting from the misconduct.

 

  • Non-economic damages: Non-economic damages are subjective and compensate for pain and suffering, emotional distress, and loss of enjoyment of life.

 

  • Punitive damages: Courts sometimes award punitive damages in cases of egregious misconduct. The purpose is to punish the offending officer and deter similar behavior in the future.

 

  • Attorney’s fees: Successful plaintiffs may be entitled to recover attorney’s fees, ensuring that victims don’t face financial burdens by seeking justice.

Pursuing Injunctive Relief

In addition to monetary damages, victims of police misconduct may seek injunctive relief. This process involves obtaining a court order requiring the police department or officers to take specific actions or cease certain behaviors. Changes often include:

 

  • Policy changes: Mandating changes in police department policies and procedures to prevent future misconduct.

 

  • Training requirements: Injunctive relief often results in departments requiring officers to undergo additional training on de-escalation techniques, racial bias, and proper use of force.

 

  • Independent oversight: Establishing independent oversight mechanisms to monitor police conduct and ensure accountability.

 

  • Restraining orders: In cases of ongoing misconduct, courts can issue restraining orders to protect victims from further harm.

Injunctive relief is a powerful tool for systemic change. It helps to address the root causes of police misconduct and promote long-term reform.

 

Contact a Police Misconduct Attorney in Sacramento

Police misconduct is a serious issue that affects the lives of many individuals in Sacramento and across California. Victims of such misconduct can seek justice and hold offending officers accountable through legal action. A police misconduct attorney in Sacramento with Pointer and Buelna, LLP: Lawyers For The People can help if you find yourself in this unfortunate situation.

Victims can pursue compensation for their injuries by consulting an experienced lawyer. If you or someone you know has been a victim of police misconduct, please don’t hesitate to contact us online for a free consultation.

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  • Ryland Stamey

    55 years ago

    “Patrick is a fantastic lawyer. He worked hard for over a year to secure me a fair settlement and hold those who harmed me accountable. I would recommend highly recommend him and would use him again if the need ever arises. Thanks Patrick and Lawyers for the People”

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  • Anon

    55 years ago

    “Winner. Great job Patrick.”

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  • Michele G.

    55 years ago

    “Very friendly & the attorneys are very well rounded!”

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  • Barbara W.

    55 years ago

    Great job and are reliable

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