Civil Rights & Police Misconduct Attorney in Escondido
Proving you were the victim of police misconduct and your civil rights were violated is one of the most difficult things to do in the legal system. Police officers are basically immune from lawsuits if damages occur and people are harmed while the officers are acting within the parameters of their jobs. You need the assistance of an experienced and knowledgeable attorney who will work diligently with perseverance in order to overcome the immunity.
In order to prevail, it is not enough to show that the officer was simply negligent. You must prove the officer’s conduct was willful and unreasonable and that conduct deprived you of a constitutional right. Whether an officer’s actions were willful and reasonable depends on all the circumstances of the case and is difficult to prove.
The officer’s intentions are not relevant. It is the conduct that is evaluated. For example, if the officer tightened handcuffs so tight your circulation was cut off and you suffered permanent nerve damage, the officer claiming he or she did not intend to cause you damage is irrelevant. All that is relevant is:
- the extreme tightening of the cuffs was an action beyond reasonable bounds of police conduct;
- the unreasonable conduct violated your constitutional right to be free of an unreasonable seizure; and
- you were damaged. The officer’s claim that there was no intent to cause you permanent harm is irrelevant.
If we succeed in proving your case, you can collect for all the damages that were caused, fees for your attorneys as well as punitive damages, which are designed to punish those whose misconduct caused the harm.
At HainesLaw, we help those who have had their civil rights violated and are victims of police misconduct. If you need an attorney in San Diego or Riverside Counties to help you resolve a dispute with police agencies, attorneys at HainesLaw can help.