Civil rights violations and police misconduct occur when a person cannot enjoy legally guaranteed privileges. Citizens have many rights and privileges contained within the Federal and numerous State Constitutions, plus Congressional and legislative laws. Especially relevant, citizens’ rights include, free press and speech, protection from unreasonable searches and seizures, bans on cruel punishments, the liberty to remain silent, safeguards guaranteeing due process and equal protection of the laws, to confront accusers and witnesses, to a jury trial, and to assistance from an attorney.
Consequently, federal and state police must comply with these laws and honor everyone’s civil rights in every single case. When police purposefully ignore a citizen’s civil rights, this person suffers severe emotional, physical, and financial distress. Moreover, every year these abuses cost innocent people thousands of dollars in legal fees, fines, penalties, and lost work time.
Police brutality happens when officers utilize unnecessary force or threaten to when questioning, investigating, arresting, transporting, or processing a suspect. Consequently, unlawful force directly results from officers abusing their positions of authority. These illegal actions often result in other civil rights violations such as improper arrest, imprisonment, and malicious prosecution. Off-duty officers who abuse their oath to serve and authority can also commit brutality. Brutality can occur at any time during a person’s interaction with the police. While not complete, and always varying, police misconduct examples include: verbal abuse, officers subtly inducing persons with physiological intimidation into allowing an improper or illegal search, punching a handcuffed suspect, denying medical care to a pregnant offender, to shooting unarmed persons not posing a threat.
Our society always uses, cameras, especially security and cell phones, and couples this usage with social media interactions. Therefore, citizens often capture and immediately share these outrageous civil rights abuses. Therefore, if a recording exists, saving this video evidence can prove critical in successfully pursuing a police brutality claim. So, for every police interaction create a record noting everyone’s names, case numbers, time, place, date, and any camera recordings. Also, write down whether any officer created a report and the incident number. Furthermore, you need to obtain all reports and files if you went to the hospital or received medical treatment. Also, you need to store all medical reports, bills, and assessments you generate if your treatment or therapy is ongoing.
Further, a police report, only describes an event from the cop’s view, and is not the only explanation. Rather often in these reports, cops state valid reasons for wrongly using excessive force or mental coercion. Also, the news shows frequent police brutality incidents in metropolitan areas like, New York, Baltimore, Chicago, and Philadelphia. Knowing your civil rights is critical so the police cannot trick or try to intimidate you. If police used unnecessary force during your interaction, immediately contact an experienced civil rights attorney, like those at Cornerstone. Finally, the lawyers at Cornerstone, will diligently work to get you compensation and justice you deserve.
Malicious prosecution happens as a result of the Government wrongly prosecuting someone. Police abuse citizens’ civil rights by filing criminal charges with ill-will or evil reasons other than justice. Also, to successfully bring this claim, the person must win the criminal case. Yet, winning a criminal case only requires the court enter an order for dismissal or not guilty. Another unique feature of these claims centers on the fact the prosecutor and not the police usually file charges. The proof standard for these claims is proving the police’s actions interfered with the Prosecutor’s exercise of fair judgment. Many courts agree when a cop submits, later declared false evidence, those acts prevented the prosecutor from using fair judgment.
A person has two years from a case’s dismissal or a finding of not guilty date to file a claim. Moreover, depending on the exact facts, a city like Philadelphia, can receive liability for the cop’s actions. Because, these claims arise many years after the police abuse occurred, a person must maintain records. These records should include the cops’ names, case dismissal date, case caption, and medical reports.
Former Narcotics Strike Force Officer Jeffrey Walker probably, provides the perfect example for malicious prosecution. Since 2014, Philadelphia courts granted over 500 appeals, due to Jeffrey Walker’s conduct. Jeffrey Walker, also sentenced in 2015 to 42 months in prison for robbery, worked for years at the drug unit. While working for the police, Jeffrey Walker, admitted lying about cases and getting prosecutors to file charges on false evidence. Still, hundreds of cases remain pending where Jeffrey Walker lied about the evidence. Hence, the breadth of the lies and corrupt acts, done by Jeffrey Walker and other cops upon society, shocks the mind. Finally, these civil rights abuses often cost someone years behind bars, probation, parole, plus, fines, costs, and extreme public shame.
Knowing your civil rights is crucial, because the law limits your time to file. The chances of proving a complex cases like this, grows when you hire an experienced lawyer, like those at Cornerstone. Most of all, we will work diligently to get you compensation and justice.