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Police misconduct is one of the most devastating acts that can affect a person. Whether it involves sexual assault or excessive force, this is an illegal act that requires justice.
Those who feel like the police have violated their rights must report that behavior and seek legal counsel. In some cases, it may be possible to recover damages because of what the police officer did.
Whether it's peace officers or any other law enforcement agent, no one has to use their power to hurt a person. On this page, there's an overview of what police misconduct is and what people can do if they ever get involved in such a case.
What Counts as Police Misconduct?
Police misconduct happens when law enforcement officers commit unlawful or wrongful acts. If these acts violate a person's constitutional rights, that would be considered police misconduct, as long as they happened while the officer was acting (or claiming to act) in their official capacity.
When the law enforcement officer is engaging in police misconduct, they're also violating state and federal laws, as well as standard protocol rules and training policies.
Everyone in the police department is required to maintain public order. In that sense, they're allowed to question people, arrest suspicious individuals, and more. However, they can't abuse their authority, use excessive force, or do any unethical activities to achieve those goals. For more information, a criminal defense law firm may be able to help.
There are different types of police misconduct in Texas, including:
Fraud
Fraud happens when an officer does an unlawful act for personal gain. This often involves financial reasons. Common cases involve officers accepting bribes in exchange for reduced charges or extorting money from suspects.
Police Brutality
Police brutality is one of the most common examples of misconduct. It refers to the use of excessive force, which leads to psychological trauma, physical harm, and even death.
Whether the person is being rightfully or falsely arrested, officers can't use excessive force when handling a person. Otherwise, that would count as brutality, and they deserve to be punished for it.
Sexual Assault
Sexual abuse/assault often happens when certain officers detain or arrest people, especially those working in prostitution. Some common cases include:
Demanding sexual favors from the person
Engaging in sexual assault in the cells
Having sexual relations with the suspect
Raping the suspect (or attempting to do so)
Torture
Police officers can't force a suspect to confess to a criminal offense through coercion. Many officers will try to do so through psychological manipulation techniques or physical torture.
False Arrest
Some officers may arrest a person just because. It's against the law to arrest people without having probable cause or a warrant. They may also threaten the person with physical violence or criminal charges even when they aren't doing anything wrong, which isn't legal either.
What Can People Do If They Were Mistreated by the Police?
In Texas, the first thing victims should do is file a claim, whether they experienced aggravated assault or torture. There are many cases involving police misconduct, such as Harris County v. Baker. In that one, a woman claimed that a sheriff's deputy slammed her into a concrete bench.
People can sue officers under the Texas Tort Claims Act. However, most people rely on the federal constitution, as they follow their right to due process. To file a claim, the person may do it under Section 1983 of the federal civil rights statute.
How Much Time Do People Have to File a Legal Claim?
Time is of the essence with these claims. Waiting too long may make the person lose their right to fight for their rights.
All states work with a "Statute of Limitations." It dictates of long a person has to file certain types of claims. According to Section 1983, the timeframe varies from one to six years, as it borrows the state's limit for personal injury lawsuits.
Those wanting to file a claim under the Texas Tort Claims Act may not have much time. Usually, the timeframe may be as little as 45 days, so those interested in going down this route should act quickly.
Do Police Officers Have Immunity from Lawsuits?
Unfortunately for many people, there's a considerable obstacle to face when filing a lawsuit. Police officers often have a degree of immunity. This doctrine is called "qualified immunity," and it means that these officers don't have to face liability unless they clearly violate a person's established rights.
In most cases, the law will ask if a normal person in the defendant's position would have known that their actions would have violated a "clearly established law." If the answer to that question is "no," they may get granted qualified immunity, affecting the victim's case.
Although qualified immunity makes it more difficult for some people to seek compensation for what happened, that doesn't mean it's impossible. With proper legal representation, it may be possible to evaluate which route is better to take. They can also help with questions like Can the police lie to you to get a confession in Texas?
Can Victims Recover Damages from a Police Brutality Lawsuit?
Yes. Those who are successful in their case may recover monetary damages. The amount depends on the case and how successful the attorney was in representing their client.
In some cases, the defendant may have to pay for the victim's attorney fees too.
Is a Lawyer Helpful in Such Cases?
Tackling a police misconduct case without legal help will be complicated. The person has to handle their own investigation, talk to witnesses, and even go to court in some cases. This can easily become overwhelming for them.
By hiring a lawyer, they can navigate the case smoothly and ensure a better fighting chance. They can go through court records, talk to the necessary parties, and ensure the defendant gets what they deserve.
Bottom Line
Police misconduct is a tough topic to talk about. There have been countless victims of it.
Understanding how to navigate these issues makes it less likely for victims to go through these excruciating situations on their own. At Sparks Law Firm, the legal team has all that's necessary to bring defendants to justice, giving people the resources they need to win their case. By scheduling a free case evaluation, anyone can learn more about this topic and review their case's facts with an expert.
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