Police misconduct is a serious issue that undermines public trust in law enforcement and violates individuals’ rights. A police misconduct attorney Sacramento at 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.
Why Choose our firm to represent your case?
- Compassionate Support. We believe that every client deserves personalized and empathetic support. From our first meeting to resolving your case, we will be by your side, offering guidance and understanding during this difficult time. Our goal is to make you feel heard and supported every step of the way.
- Experienced Advocacy. With years of experience handling police misconduct cases, our firm has the knowledge and expertise to navigate the legal system effectively. We are dedicated to using our skills to advocate for your rights and achieve the best possible outcome for your case. Our experience in civil rights and criminal law allows us to approach your case with a comprehensive strategy.
- No Upfront Fees. We operate on a contingency fee basis, meaning you don’t have to worry about legal fees unless we win your case. This ensures everyone can access high-quality legal representation, regardless of their financial situation. You can focus on your recovery while we handle the legal complexities.
- Free Consultation. We offer a free initial consultation to discuss your case and understand your needs. This allows us to evaluate your situation and provide you with an honest assessment of your legal options without any financial obligation. We believe in transparency and clear communication from the start.
- Thorough Investigation. Our firm conducts comprehensive investigations to gather all the necessary evidence to support your case. We work with experts and use cutting-edge technology to ensure no stone is left unturned in our pursuit of justice for you. Our meticulous approach helps build a strong foundation for your case.
- Aggressive Representation. We are committed to fighting vigorously for your rights. Whether negotiating a settlement or representing you in court, we approach every case with determination and a relentless pursuit of justice. We aim to hold those responsible accountable and secure the compensation you deserve.
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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 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 Civil Rigths lawyer in Sacramento 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.
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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 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 Sacramento for a Free Consultation Today
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 are 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.
“Law interested me because I always saw it as being a tool to equalize society so that the West Oaklands of the world could have the resources like the Piedmonts or Beverly Hills of the world.”
Adanté Pointer. Founder at Lawyers for the People
Common FAQs About Police Misconduct in Sacramento, CA
Can I sue a police officer in California?
Yes, you have the right to sue a police officer in California if you have been a victim of police misconduct. Under federal and state law, individuals are protected from excessive force, false arrest, malicious prosecution, and other forms of police misconduct or constitutional rights violations. By filing a lawsuit, you can seek compensation for any physical, emotional, or financial harm you have suffered as a result of the officer’s actions. See how can you sue a police office here.
Who investigates local police misconduct?
Local police misconduct cases are typically investigated by the internal affairs division of the law enforcement agency involved. However, these investigations may not always be thorough or unbiased. It is always important to seek legal representation from an experienced Sacramento police misconduct attorney who can conduct an independent investigation into your case and gather evidence. Know more about police misconduct lawsuit settlements.
Can you sue a local police department?
Yes, you can file a lawsuit against a local police department if you have experienced police misconduct and have evidence to prove a claim. While police departments are generally immune from lawsuits, there are exceptions when an officer’s actions constitute a violation of your constitutional rights. A police misconduct attorney can help you determine if you have grounds for a lawsuit and guide you through the legal process. Check out the steps to sue the police department.
What is the most serious form of police misconduct?
One of the most serious forms of police misconduct is the use of excessive force. Excessive force occurs when an officer uses more force than is reasonably necessary to apprehend a suspect or maintain control of a situation. This can result in severe injuries, permanent disabilities, or even death. If you have been a victim of excessive force, it is essential to seek legal representation to hold the officer accountable for their actions. See more information about the causes of police brutality.
What is the most common complaint against police officers?
The most common complaint against police officers is excessive force. This includes cases where officers use physical force, such as punches, kicks, or baton strikes, as well as cases involving the use of tasers, pepper spray, or firearms. Other common complaints include false arrest, racial profiling, and verbal abuse. Families might also have a claim for fatal brutality against a loved one. Consulting with an attorney is critical if you believe you have a valid complaint against a police officer to ensure you properly protect your rights.
Our team at Pointer & Buelna, LLP understands the challenges of police misconduct cases and is dedicated to fighting for justice on behalf of our clients. If you have experienced police misconduct in Sacramento, we are here to provide you with the guidance and support you need. Contact us to schedule a consultation and discuss your legal options. We can work toward holding those responsible for police misconduct accountable and seeking the compensation you deserve.
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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
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“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”
Ryland Stamey
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