July 16, 2024
Which of the Following Situations Could Lead to a Civil Suit for Police Negligence?
Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer
What is the difference between police brutality and police negligence? Civil suits for police negligence arise when the actions or inactions of law enforcement result in harm. Examples include excessive use of force, failure to provide proper medical care to someone in custody, wrongful arrest, false imprisonment, or failure to properly investigate or respond to a crime. See which of the following situations could lead to a civil suit for police negligence and remember to call us if you or someone you know has been a victim of police negligence.
At Pointer and Buelna, our hard-working California police negligence lawyers ready to stand up for you. We serve in Fresno, Modesto, Sacramento, Oakland, Los Angeles and Inland Empire.
Situations that Could Lead to a Police Negligence Lawsuit
Law enforcement is protected from lawsuits that are based on how they perform their job. If, however, they engage in unreasonable, willful conduct, this can be grounds for a civil suit. Merely failing to exercise due care, i.e., negligence, is generally not enough to provide the grounds for a police misconduct lawsuit. However, the following circumstances are typically proper legal grounds for a police negligence lawsuit in California:
Excessive Force During an Arrest or Detainment
Excessive force during an arrest or detainment is one of the most common types of police negligence lawsuits. Law enforcement officers are entrusted with the responsibility to use reasonable force as needed, but when that force exceeds what is necessary, psychological and physical injuries and death result.
Failure to Provide Proper Medical Care to a Person in Custody
Another situation that may result in a police negligence civil suit is when law enforcement fails to provide proper medical care to someone in their custody. It is the legal obligation of the police to ensure the health and safety of people in their custody. If they neglect to provide necessary medical attention, resulting in further harm, it can be grounds for a civil suit.
Wrongful Arrest or Imprisonment
Wrongful arrest or imprisonment can also be grounds for a police negligence lawsuit. Police must have probable cause or a valid warrant to arrest someone. If an individual is unlawfully arrested or imprisoned without proper legal basis, it’s obviously harmful and distressing. A common example of this that we see as California police negligence lawyers is people with common names being arrested as they are mistaken for someone else with the same name. For instance, the police arrest the wrong “Jose Sanchez” despite them having different birthdays, being different heights, and having different identifying marks.
Failure to Properly Investigate or Respond to a Reported Crime
Police negligence also occurs when they fail to properly investigate or respond to a reported crime. If law enforcement officers fail to thoroughly investigate a crime, fail to respond promptly, or dismiss calls for assistance, preventable deaths and injuries can occur, as they did in the Jeffrey Dahmer case. Filing a police negligence lawsuit helps hold the police accountable and provides financial compensation to victims.
Fierce and Passionate California Police Negligence Lawyers
The insightful, reputable California police negligence attorneys at Pointer and Buelna fight hard against the “blue wall of silence.” Our lawyers are dedicated to protecting the rights of the public and policing the police. To set up a free legal consultation or case review with one of our lawyers today, contact us now.
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Police misconduct attorney in Fresno
Modesto police misconduct lawyer
Police misconduct attorney in Sacramento
Police misconduct attorney in Oakland
Police misconduct attorney in Los Angeles
Inland Empire police misconduct 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