Misconduct of Law Enforcement Officers – Civil Rights Violations

The Fourth Amendment to the United States Constitution states that people have the right to be secure in their persons against unreasonable searches and seizures and that no warrant shall be issued unless there is probable cause to believe the person has committed a crime for which he or she can be arrested.

When a law enforcement officer exceeds his authority and resorts to excessive or unreasonable force without arguable probable cause to believe the charge warranted the extent of force he employed, and if reasonable police officers would have known such conduct violated the subject’s constitutional rights, a claim may be filed against the abusive law enforcement officer for the damages he caused the citizen he hurt.

When a person believes he or she has been the victim of such conduct, it is important for the person to remain calm and not conduct himself or herself in a violent manner towards any law enforcement officers or anyone else that would justify the officer resorting to force on you.  It is also important to get the names and addresses of all persons who witnessed the abusive behavior and any excessive or unreasonable force employed, including both citizens and other law enforcement officers who were witnesses.

Federal judges recognize that law enforcement officers are in a hazardous service and when evidence is presented to the court which supports the premise that the law enforcement officer had arguable probable cause to believe the suspect committed an unlawful act and that a reasonable law enforcement officer under similar circumstances would have believed the force the officer used was necessary under the circumstances, the federal judge will not allow the case to be decided by a jury and will enter a judgment against the citizen.

So it is important to have witnesses and evidence that will clearly support your claim that the officer did not have probable cause to believe you committed the crime he claims you committed and that the officer employed excessive and unreasonable force that was clearly unnecessary under the circumstances which a reasonable law enforcement officer would not have employed because there was not sufficient grounds to believe you committed a crime and that a reasonable officer under the same circumstances would not have employed the amount of force the officer used on you.

However, when there is a strong case and the citizen’s injuries are sufficiently serious to warrant the expense of filing and trying a civil rights case, federal law allows the prevailing citizen the right to recover his costs and reasonable attorney’s fees over and above the amount the jury awards if he wins his case.