Section 1983 Claims for Police Misconduct
The United States Constitution provides you with certain fundamental rights that apply during interactions with the police and other government agents. When the police violate these rights not only can the violation provide a defense if you get charged with a crime, but it can also support a civil claim for damages under The Civil Rights Act of 1871 commonly referred to as a “Section 1983” or “Police Misconduct” claim.
Under Section 1983, police officers who are acting “under color of law” (which is when they are acting as police officers, like making a traffic stop, arrest or conducting an investigation) are prohibited from depriving citizens of their constitutional rights or any other rights afforded under federal law. While the police are entitled to immunity in certain cases – for example, when the right violated is not clearly defined – this immunity does not apply in circumstances where an officer willfully engages in unreasonable conduct.
If you have been mistreated by the police you should speak to an attorney right away. Your rights are clear, and I can help you secure justice under Section 1983. I am passionate about protecting the rights of individuals who have fallen victim to police misconduct, and I can use the law to help you secure the financial compensation you deserve.
When can you file a claim against the police in Carlsbad, CA?
While the examples of police misconduct that can support a claim under Section 1983 are far too many to list, some common examples of Section 1983 claims include:
- Being the victim of excessive force during a stop, search, or arrest
- Being refused access to medical care while in police custody
- Police standing by while other officers violate a your rights
- Physically assaulting you while in jail or prison
- Looking the other way while you are victim of a jail or prison assault
- Confining you in unsafe or unsanitary conditions
- Being the victim of sexual assault during a traffic stop or while in police custody
- Harming or killing your dog or other pet unnecessarily, or destroying other property
- Purposefully hiding or destroying evidence helpful to you in your criminal case
If you have experienced any of these forms of police misconduct in Carlsbad, San Diego County, Riverside County, or Orange County, call today. You do not have to live with the shame, frustration, anger, and physical and financial consequences that come with being victimized by law enforcement. I want to help you, and I encourage you to contact me immediately to discuss your case.
Not sure if you have a Section 1983 claim? When most of my clients contact me for the first time, it is simply because they have questions about their legal rights.
Financial Compensation for Police Misconduct Under Section 1983
Under Section 1983, victims of police misconduct can seek three forms of financial compensation. When I represent you in your Section 1983 claim, I will seek maximum compensation for:
- Special Damages – Special damages provide compensation for your financial losses. This includes medical bills, loss of income, and out-of-pocket costs you incur now and in the future.
- General Damages – General damages provide compensation for the non-financial costs of police misconduct. This includes pain and suffering, mental anguish, and loss of enjoyment of life.
- Punitive Damages – Punitive damages serve to punish the law enforcement officer who violated your rights. These damages are awarded in addition to compensation for victims’ financial and non-financial losses.
Call Now for a Free and Confidential Consultation
Are you entitled to financial compensation under Section 1983? To find out contact me, Attorney David Rubin, for a free and confidential consultation. I am available by phone, text or email 24/7, so call me now at (619) 719-1087 for a free consultation, or tell me how to reach you and I will be in touch soon.