- Jared Hartman, Esq.
- Posted on February 15, 2017
In addition to consumer rights protection, our firm also handles civil rights matters related to police brutality. With the rise of popularity in cell phone videos and social media, such as “Facebook Live”, the public has grown to be much more aware of police brutality and other civil rights violations in their interaction with citizens. It is certainly a very scary and traumatic experience, but thankfully Section 1983 of the Civil Rights Act exists to protect victims and allow the citizens to seek retribution for the damage that can be done.
Section 1983 of Title 42 of the U.S. Code allows anyone within the United States to sue a government official for violation of a constitutional right. In police brutality suits, this allows citizens to file a lawsuit against an officer who commits violations such as: 1) the Fourth Amendment (physical touching (even with bullets or a tazer) is a “seizure” under the Fourth Amendment) by using excessive force or by unlawfully detaining/arresting someone; 2) the Fifth Amendment, by intentionally refusing to read a suspect their Miranda rights and persisting at interrogations; or 3) the 14th Amendment, such as using racial slurs or verbal abuse based on race violating one’s right to equal protection.
These cases can undoubtedly become complicated based upon the legalities of immunity and whether constitutional and/or statutory rights have been violated by particular conduct. Consultation with an experienced attorney in these areas is vital. Our firm has filed two such lawsuits in the past as a result of allegations of excessive force and similar constitutional rights violations committed by San Diego Sheriff’s Deputies.
In one case, the allegations included a claim that a person with mental illness was drug off a tree stump by Sheriff’s Deputies that caused him to land face-first into a bed of cacti, and the Deputies proceeded to tazer him and allow the police canine to attack him without any threat of physical harm from the victim to the Deputies. That Complaint can be read by clicking HERE.
In another case, the lawsuit involves allegations that a Sheriff’s Deputy unlawfully detained a Top Gunnery Sergeant in the Marine Corps and his female friend, and when the Marine verbally protested what appeared to be harassment the Deputy unlawfully escalated the situation to a point where the non-combative victim was physically beaten by all four Deputies, which caused the Marine to suffer a torn rotator cuff and abrasions/cuts to his face and fingers. That Complaint can be read by clicking HERE.
This type of unlawful behavior should not go unpunished. Citizens who do not pose a threat of violence to police officers deserve to have peaceful non-violent encounters, which help to foster trust and cooperation between the police and the communities. When the police adopt a militaristic “us versus them” approach to their daily interactions with the communities, then trust and communication are lost, and everyone loses.
If you or a loved one have experienced anything similar, please do not hesitate to contact us for a free and confidential consultation to discuss your rights and whether they may have been violated.
DISCLAIMER: nothing in the above should be construed as legal advice. Proper legal advice can only be given in a confidential consultation where all facts and circumstances are discussed in full. The above should only be taken as anecdotal discussions for informational purposes.