e live in a world full of injustice, and the abuse of power is becoming more and more frequent. In most cases, this overreach results in a violation of rights. Police misconduct causes plenty of headlines, although misconduct is not always linked to police. This inappropriate police behavior often results in a breach of civil rights.
Those who have unfortunately had to live through situations involving police abuse, mistreatment, or brutality can attest: victims find their civil rights violated. Although one might be pessimistic when it comes to suing negligent police acts, the reality is that more and more complaints are being successfully settled.
Have you ever been in a situation where your civil rights were violated, whether by law enforcement officers, state institutions, or individuals? Have you experienced a case of police misconduct that resulted in personal injury? We can help. At Top’s Injury Law Group, we know all the legal channels to get your claim compensated as you deserve.
When we speak of civil rights, we are referring to constitutional protection that guarantees the right to equal treatment. In the United States, the Constitution looks out for the civil interests of all its citizens. Its purpose is to defend and protect freedom from any kind of violation against an individual.
These civil rights are fundamental to society. With this equal protection, people must be treated fairly, receive proper care, and be free from any action taken by governmental entities.
Such rights are intended to prevent any type of discrimination that may arise as a result of different factors that define us as a person:
As we mentioned above, the objectives of these constitutional laws are to protect U.S. citizens from abuses of power by individuals or government entities. Specifically, from police misconduct. This includes everything from unconscionable oppression, exceeding the limits of authority, unlawful detention, false arrest, physical brutality, and racial discrimination, to excessive use of force, among many others.
Thanks to these constitutional principles, society has the right to denounce discriminatory injustices. A successful resolution in a case of police misconduct can include punitive sanctions against the offender. But, above all, adequate financial compensation for the damages caused to the victim.
The U.S. Civil Rights Act is a federal statute enacted in 1871. It was created for the purpose of eradicating oppressive conduct by the government. One of the sections is Section 42 U.S.C. § 1983 – also known as the civil action for deprivation of rights statute. This rule made public officials, including police officers, liable for financial compensation for damage or personal injury caused by violating a person’s constitutional rights.
You can apply this legal avenue for holding government workers liable for unconstitutional actions in many scenarios. And the claims do not always have to involve violence. However, most complaints involve victims who have suffered inappropriate conduct by law enforcement officers. In addition to cops, misconduct can also come from prison employees, correctional guards, electoral officials, social services, or leaders of a school district.
The Constitution supports this law. When a figure employed by a state or federal institution violates civil rights, he or she usually also violates two amendments:
The term “under color of” is used under the law to refer to individuals who, on behalf of the state for which they work, abuse their authority or power.
Following the 1871 Act, where Congress adopted 42 U.S.C. § 1983, a principle of police immunity was also established. The doctrine of qualified immunity protects “state and local officials, including law enforcement officers, from individual liability unless the official violated a clearly established constitutional right.”
In other words, police-qualified immunity renders police officers unfit to be sued for doing their jobs. This means that if a police officer is interacting with or interrogating a suspect, he or she will not be able to sue the agent.
As long as the officers are doing their job properly, it will not amount to a violation of any individual’s rights. Police are authorized to justifiably use force if the situation requires it.
Although many voices today have proposed a modification or elimination of qualified immunity, no change has yet been made to federal law. The most recent proposal that wanted to address such legal liability for law enforcement officers was in 2020. When it failed to come to fruition, states began making modifications to their state laws. Colorado was the first to limit the use of qualified immunity as a defense in cases where state law applies. In 2021, Arizona also incorporated the proposed BS2 Act into its law.
This is a civil rights lawsuit against a government official seeking monetary damages. Although quite similar to Section 1983, this law focuses on actors working for the government as well as federal entities:
The U.S. government itself also has an agency that focuses on ensuring protection against unlawful discrimination. The Office for Civil Rights (OCR), as part of the U.S. Department of Health and Human Services (HHS), was created in order to “improve the health and welfare of all Americans.”
The U.S. Department of Justice (DOJ) also has a section that addresses police misconduct laws. DOJ officials may conduct an investigation and share the results with the victim. However, they do not act to provide any legal advice as a private attorney would.
Yes. While police brutality is the first thing that comes to mind, there are many other ways in which police can engage in unlawful conduct. Any action by an officer that results in a violation of rights, whether it is an abuse of force or discrimination, is categorized as police misconduct.
Establishing a civil rights law is essential to society. Because of this, we can receive fair and indiscriminate treatment, proper care, and be free from forceful actions by the government. But, what happens if civil rights are violated and, as a result, there are personal injuries?
The experience of a rights violation case involving physical injury can be very intense. Not only do you see your principles inflicted, but you also sustain injuries that can mark you for life. Police misconduct, unfortunately, is closely related to personal injury. In fact, the most well-known and common cases often involve physical violence at the hands of a law enforcement officer. The most frequent cases of police misconduct involving personal injury are:
Many police officers risk their lives to protect the country. The legal power they have over the public makes them a key tool in maintaining proper social control. Similarly, they can denounce injustices where civil rights have been violated.
Despite the general good police work, the numbers do not lie. Although the absence of official data is evident, different agencies and private investigations have compiled information about police misconduct. And the conclusion is clear: police abuses are rampant, complaints are not made public until very late, and a lot of public money is spent.
Thousands of complaints are processed each year involving police officers who use their authority to violate the constitutional principles of others. These complaints involve officers violating civil rights: from racial discrimination, illegal detention, excessive use of weapons and riot control strategies, as well as torture or sexual abuse, among many cases.
Thanks to research conducted by PNAS, using data from 2013 to 2018, we were able to deduce estimates of deadly police accidents by age, race, and gender. The analysis clearly shows an inequality towards people of color: they have nearly twice the odds as white males of being killed at the hands of the police.
Young adulthood is the most common age for these incidents. The report indicates that out of every 100,000 African-American citizens, 96 are killed by police misconduct. In contrast, white people see their average almost halved: only 39 deaths out of every 100,000.
In 2019, Rutgers University published a study showing that police violence was the leading cause of death for young men in the country.
However, this number has risen again in the last two years. As evidenced by Mapping Police Violence, today African-American citizens are 2.9 more likely to die in a police malpractice crash than white people.
According to data obtained in the first five months of 2022, police had taken the lives of a total of 491 people. During that period, there were only 8 days with no recorded fatalities. Compared to 2021, which had a total of 1,157 deaths, this year already has 18 more fatalities.
Illegal police behavior also has a strong presence in Arizona. According to several studies, there has been a high increase in wrongful deaths by law enforcement officers over the past decade. While not all of them are civil rights violations, the reality is that there are a large number of citizens who have died due to police misconduct. In 2021, police used force in 628 incidents, resulting in 233 shootings and causing 149 deaths.
The data, as is the case with the national figures, is devastating. According to PPIC reports, there are an average of 195 law enforcement deaths in Arizona each year. The statistics for the last six years in the state reflect the increase in police violence. As shared by the Arizona Department of Justice, the total number of fatalities since 2016 is 1,000 fatalities.
Without going any further, as Mapping Police Violence tracking shows, police killed 51 civilians in the first five months of 2022. However, in contrast to the national average, this period records 17 fewer deaths than in 2021.
In Arizona, black people are more likely to be killed than white people, exceeding the national average of 3.6 times. Similarly, they are also three times more likely to be seriously injured or shot.
Among the most shocking data is the high number of victims from police traffic stops. Up to 15% of those injured or killed as a result of inappropriate behavior by officers arise after routine stops of vehicles or pedestrians.
Of all police-induced wrongful deaths, shootings are the most common cause. In particular, there are about 250 shootings against citizens per year.
Shootings are the most controversial cases of unlawful police behavior. As was the case with the murder of David Ordaz Jr., many officer-involved gunshot wounds are perpetrated against people with mental problems or disorders. Exactly four out of every ten gunshot victims had a diagnosis related to psychological illness.
The PPIC study also points out that not in all shooting cases the civilians involved in the incident were armed. While 80% did carry a weapon, the remaining 20% were unarmed. In the cases of victims with serious non-weapon injuries, the figure is striking: about 56% were unarmed.
The question for many residents is the same, do officers implicated in negligent cases tend to be charged with misconduct and civil rights violations? Yes, although most lawsuits do not materialize. Currently, the Golden State has over 78,000 law enforcement officers. Out of this number, approximately 80 were arrested for police misconduct.
Not all civil rights violations come from law enforcement. However, most of the complaints filed involve police misconduct.
In 2021, Arizona was one of only four states that did not have statewide power to de-license police officers. However, that same year, Governor Newson pushed through the proposed BS2 Act. This one made law enforcement punishable for misconduct and negligence.
At that time, personal injury and wrongful death claims for police misconduct began to take center stage on the national scene. Arizona, unfortunately, ranks as one of the states with the most high-profile police negligence cases.
Society takes into account that, at times, the police may make a negligent mistake. The problem comes when there are numerous mishaps, both national and statewide, where the same officers are involved in different conflicting cases. Consequently, the state’s budget is used to pay claims for damages to victims.
A report by The Washington Post has uncovered dirt on many of the nation’s police departments. According to the investigation based on data collected over the past decade from the nation’s top 25 police agencies, there were more than 40,000 payouts for police malpractice cases. These payments totaled $3.2 billion to settle.
But, how many of those payouts were for cases involving police officers who already had cases of misconduct under their belts? Repeat police misconduct by officers cost nearly half of the total claims, $1.5 billion.
In March 2021, another injustice filled the front pages of the media. Phoenix, Arizona law enforcement officers shot and killed David Ordaz Jr. in gross police negligence. The victim was in a mental breakdown when one of the Sheriff’s deputies, Remin Pineda, fired up to 12 shots when Ordaz Jr. was already on the ground. As can be seen in the visual evidence obtained by witnesses and police, the victim was defenseless when he died. The worst part of the case is that the officers were aware of Ordaz Jr.’s psychological problem when they arrived.
Top’s Injury Law Group was the law firm chosen to represent the case. While the legal process is still ongoing, there were developments in November 2022. Phoenix, Arizona County District Attorney, George Gascón indicted Officer Pineda on charges of assault by a semi-automatic firearm and assault.
We will keep you updated on developments in the case.
The incident that awakened society to the seriousness of police malpractice was the George Floyd case. It occurred on May 25, 2020, when a food store clerk reported to police that Floyd had purchased a pack of cigarettes with a fake $20 bill. Cops arrived on the scene, where they found Floyd, who resisted arrest. The officer responsible for his death, Derek Chauvin, placed his knee on Floyd’s neck for 9 minutes, while Floyd gasped and claimed he couldn’t breathe. The rest is history: police brutality recorded by dozens of people and witnessed by millions. Chauvin was sentenced to 22 years in prison in 2022. The victim’s family received a $27 million settlement.
Currently, federal and state laws are on the side of the citizen. Although it has taken a while to implement them, victims of police brutality, abuse or discrimination can get the justice they deserve. Choosing a law firm that specializes in misconduct cases and collecting all the evidence will help you win your claim.
Also, it is important to know your civil rights before you begin your complaint. As we have noted, as of 2021 Arizona state law has reduced qualified immunity for police officers. This will make it easier to file a complaint against a state or federal employee.
Reporting any instance of unlawful police behavior is the key to upholding citizens’ civil rights. Although it may seem like a difficult process, you just need to find the right help.
While it is positive to pursue an internal complaint against the agency, it is also vital to file a civil rights complaint for police misconduct. This lawsuit will be vital in obtaining financial compensation for the personal injuries sustained. It will also impose heavy penalties and punitive damages on the law enforcement officer involved in the police negligence. This can range from disbarment to years of imprisonment.
At Top’s Injury Law Group, we recommend building a strong case through these steps:
If you or someone in your family has experienced police misconduct, we can help. Our firm, with over 100 years of combined legal experience, knows how to handle these accidents. Our bilingual police misconduct experts will make sure you get maximum compensation for your damages.
We have attorneys who have handled a large number of law enforcement misconduct cases and are ready to guide you through this process. From the first day to the last, we will put all of our resources into getting you the compensation you deserve.
While there are many respectful, ethical, and dedicated law enforcement officers in the Golden State, there are others who do not adequately perform their duties. Although the role of a police officer is to enforce the law, in recent years a civil rights violation problem has grown: police misconduct.
Experiencing a case of police misconduct can be stressful. The experience of police brutality, discrimination, or excessive use of force by an officer can leave lifelong scars. Especially if the victim sustains serious personal injuries or even dies as a result of police negligence.
Don’t let a police officer’s abuse of authority go unpunished. File your lawsuit against the negligent cop today. Call us today at (480) 470-2299 if you would like to learn more about how to file a personal injury claim. We assure you that our team will assist you with the sensitivity and empathy you deserve.