Can I sue a law enforcement official for violating my civil rights?

In typical situations, law enforcement officials are considered immune from lawsuits, at least on a qualified basis. This means that you typically cannot sue them unless they have flagrantly and obviously gone against the laws and behaved in a manner that a reasonable person would consider a clear violation of your rights. It’s also important to note that you must be able to prove the violation in court, and have solid evidence that a violation of your civil rights took place if you want to successfully sue a government official.

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What is

‘Immunity’ means that a specified individual or party is protected against lawsuits. The party in question is immune from being sued due to various laws and regulations in place, which will vary depending on the party in question and the type of lawsuit.

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Police Liability: Civil Liability for Police Abuse of Authority

Abuse of power by the police is common, perhaps even rampant, but police liability still tends to be limited in instances of abuse and violence during arrests and other contact with the public. However, police and their may be held liable according to federal law. United States Code Section 1983 provides that police liability includes civil liability for damages for civil rights abuses.

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Police Brutality: You May Be Able to Sue the Police

Police brutality is all to common in society today, but what many people don’t realize is that victims of police brutality may be able to sue the police for their injuries. Even individuals who were drunk at the time of their arrest sometimes successfully build lawsuits against the police.

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How to Choose the Right Civil Rights Lawyer

Choosing a civil rights lawyer is an important decision that should be made carefully. The right lawyer will have experience in civil rights cases similar to yours, and will be willing to meet and speak with you about your case. Don’t be hesitant because of cost, many civil rights lawyers will work on a contingent fee basis, which basically means they only get paid if you win. If your case isn’t realistic, an experienced civil rights lawyer will let you know, and if it is, you should take action as soon as possible so that you aren’t barred from acting due to statutes of limitations. Here are some guidelines to consider when choosing a civil rights lawyer.

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False Arrest: How to Know Whether You Have a Case

False arrest is an arrest made with neither a warrant or probable cause. False arrest is a form of false imprisonment conducted by a party who claims to have authority to make the arrest. It can be had against law enforcement, but false arrest is more commonly prosecuted against private security firms.

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Building a Case to Sue the Police: Difficult But Not Impossible

It is common to want to sue the police after unpleasant contact or friction, especially when the conflict resulted in an arrest that seemed unwarranted, unfair, or downright abusive. Suing the police is complicated, though, even when you have been a victim of some kind of police misconduct and are absolutely innocent with regard to your arrest. This overview of the downfalls you may encounter when you sue the police will help you understand and protect your rights.

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Illegal Search and Seizure: 4th Amendment Violations May Warrant Money Damages

Illegal search and seizure by the police in conflict with the 4th Amendment may give you the right to sue the police for damages. The 4th Amendment provides that we should be free from unreasonable or illegal search and seizure, and is generally enforced by exclusion of the evidence from any trial should you be prosecuted. According to federal law, though, you can also receive money damages, and even have your attorney’s fees paid, if you are the victim of an illegal search and seizure.

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Can I sue a police officer for false arrest?

You can sue a cop for false arrest, but such lawsuits tend to be difficult to win. Most states protect their officers from such suits with what is called “investigatorial immunity.” As long as an officer is acting reasonably in their employment, their actions, even if mistaken in the end, are protected from civil suit for false arrest.

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