- November 20, 2017
Civil Rights Laws and Police Misconduct, A statute known as Section 1983 is the primary civil rights law victims of police misconduct rely on. The most common claim is
False arrest which is violated under the fourth amendment. If the officer had probable cause to believe the individual had committed a crime, the arrest is reasonable and the Fourth Amendment has not been violated. Police can arrest without a warrant for a felony or misdemeanor committed in their presence. For false arrest, the victim must show that the arresting officer did not have probable cause.
Malicious Prosecution- Violates the fourteenth amendment (right to liberty).
Excessive Force -This receives the most amount of attention and is when someone is seriously injured, or killed as a result of the arrest.
Failure to Intervene-an officer who witnesses a fellow officer violating an individual’s constitutional rights may be liable to the victim for failing to intervene.
Remember, it is important to have the evidence supporting your claim is the most important element in a police misconduct suit.