As US citizens, we have a set of rights given to us by the Constitution. Police officers are required to respect those rights. If they fail to do so, the officer as well as the overseeing police department may face civil and criminal penalties.
For a civil violation, one must be able to prove that an officer deprived them of their rights multiple times. If the individual can show evidence of a pattern, the court can grant an injunction forcing the officer to stop.
In addition to respecting rights, police are required to maintain a proper standard of behavior. Harassment, racial slurs, coercive sexual conduct, unjustified arrests, and discriminatory traffic stops are all grounds for civil violations.
Misconduct shifts from civil to criminal under the following circumstances: excessive force, sexual assault, intentional false arrest, and intentional fabrication of evidence. All these violations are considered to be very serious.
If you think your rights were violated by the police, you will likely need to file a complaint with the police department or the internal affairs division. In most circumstances, you must seek administrative solutions before you may file a lawsuit. In addition to the local agency, the violation should be reported to a national agency such as the United States Department of Justice or the United States Attorneys office. After these steps are completed, you may file a lawsuit against the officer or police department to seek restitution.
If you have been a victim of police misconduct, it is important to discuss the facts of your case with an experienced attorney. Contact the Rhinelander personal injury attorneys of Habush Habush & Rottier S.C. ® today by dialing 1-800-242-2874.