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Police Brutality

SECTION 1983 OF THE CIVIL RIGHTS ACT OF 1871

Section 1983 of the Civil Rights Act of 1871 was intended to curb oppressive government conduct and that of private individuals who participate in vigilante groups. The law is now known as Section 1983. It makes it illegal for a person acting under state authority to deprive another person of his or her rights under federal law. Other laws that offer protection include the following:

  • The Fourth Amendment: This law protects citizens from unreasonable searches and seizures by the government. Police brutality claims involving excessive force during investigation or arrest involve Fourth Amendment rights.
  • The Eighth Amendment: This law protects inmates from punishment that is cruel and unusual. Police brutality that occurs after a person has already been convicted and incarcerated will involve Eighth Amendment rights.
  • The Fourteenth Amendment: This law protects pre-trial detainees who have been charged with a crime against the use of excessive force that could be considered punishment. When a person is confined to jail while waiting on trial and is the victim of police brutality, it will likely involve the violation of Fourteenth Amendment rights.

WHAT TO DO IF YOU ARE A VICTIM OF POLICE BRUTALITY OR OTHER FORMS OF POLICE MISCONDUCT

If you have had a confrontation with the police in which you believe there was inappropriate behavior and you were harmed as a result, there are several things you can do to build a strong foundation for your case:

  • Contact an Experienced Police Misconduct Attorney: First, always immediately contact an experienced attorney. An experienced attorney will provide you with guidance on how to properly report the instance of abuse and help you understand what rights you may have to file a lawsuit against the police.
  • Always, Always take pictures and video footage: This is a MUST!!! Always Preserve as much evidence as you can. Take pictures of any physical injuries or damaged property and then continue to document the injuries in the days, weeks and months following the incident. Victims should also attempt to track down all relevant video footage in order to strengthen their case. Witnesses may have captured the event on a cell phone. Nearby buildings with surveillance cameras may have retrievable footage with the help of an attorney and subpoena.