POLICE MISCONDUCT
POLICE MISCONDUCT
Most law enforcement officers try to do a good job and provide a critical service to the citizens they are sworn to protect and serve. However, recent events have shown us that not all police officers are suited for a career in law enforcement.
While the members of most Police Departments and Law Enforcement agencies are honest and dedicated public servants, there are more than a handful of officers and departments that do not deserve our trust.
Police misconduct cases consist of violations of an individual's civil rights which derive from constitutional law protections.
While many laws are created by state legislatures, local governments or from case precedents derived by court rulings, most Civil Rights law flows from the U.S. Constitution or enactments of the United States Congress.
Commonly known as Police Brutality cases, police misconduct is the term generally used to describe these types of civil rights violations.
Police Administrators must be held accountable for the misconduct of their personnel if they fail to properly investigate police abuse of authority or serious misconduct within the ranks and file of their Departments.
EXCESSIVE FORCE
Most people are familiar with excessive use of force by police, such as the Rodney King case. But most excessive use of force cases are not so obvious.
A police officer acts with excessive force when he/she uses an amount of force with regards to a civilian that is more then necessary. Police officers are certainly permitted to use force and in some situations, deadly force. However, there are times when officers misuse their authority and injure someone without a justified reason. The following would be an example of excessive force, as there would be no need to use force under the factual situation:
A police office stops an elderly driver for speeding. The officer asks the driver to get out of the car. After the driver exits, the officer strikes the elderly person and throws him against the car resulting in personal injury.
FALSE ARREST
Generally speaking, an arrest is defined as any type of situation where you are detained by a police officer, and are not free to leave. If you are being detained and not permitted to leave, the next question that should be asked is: “What is the reason for my arrest, and what am I being charged with?” If the officer does not have a valid reason for arresting you, then you may have a false arrest claim.
The following would be an example of false arrest:
A police officer sees a young man standing on the corner, alone, minding his own business. The officer comes up to young man and tells him that he must submit to a search (pat down search). The young man refuses, and the officer tells him that he must submit. The young man refuses again, and the officer forces him into the squad car and takes him down to the station. After searching the young man at the station and checking his background, the officer releases him. The young man has a valid false arrest claim.
TAKE ACTION ON YOUR MEDICAL MALPRACTICE CASE
Office Location
Cook & Cossio Building
620 W. 3rd Street
Suite 404
Little Rock, AR 72201
Toll: 866-540-2665 | Office: 501-255-1500
Powered by Flypaper | Privacy Policy