case can I sue the police department

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case can I sue the police department

police came to my location and
I was arrested and beat by the
police officers while
handcuffed on the floor got
tased two times and received
punches and blows and have
lacerations to my head and face
I never had my Miranda rights
read and my charges is
resisting arrest my next court
date is July 19th what can I do

Asked on July 6, 2018 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Retain an attorney--that's what you do. The lawyer can help defend you from the charges (for example: if you were never read your rights but said something incriminating, the lawyer can likely get your statement thrown out; if there was no grounds for trying to arrest you in the first place, the lawyer may be able to get the case thrown out entirely; etc). The lawyer can also sue the police if there is reason to think they acted maliciously or otherwise knowingly wrongfully: the police are generally not liable for simple mistakes (the law gives them that protection because otherwise they could not do their job), but can be liable when they intentionally do something wrong.


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