Month: January 2017

When an officer-involved shooting results in a death, there is sometimes a public outcry and divide of support for either party. When the victim is unarmed and not exhibiting aggressive behavior, the sense of injustice felt by many is even greater. With the increase in this type of incident being reported in the news in recent years, more people are left wondering when a police officer is justified in using his or her gun and when that action is unlawful. What the law says According to the New York Times, The Fraternal Order of Police and International Association of Chiefs of Police...

Section 1983 -- originally included in the Civil Rights Act of 1871 -- is the most important statute that protects the victims of police misconduct. Now, it is featured as Title 42 in the United States Code. This law says that it is unlawful for police officers to deprive individuals of their Constitutional rights or the rights afforded them under federal law. Let's take a look at some of the most common types of police misconduct cases brought forward under Section 1983: -- False arrest: False arrest refers to unreasonable detainment and/or seizure. Police are only permitted to detain an...

Let's imagine you're a law-abiding factory worker. After a long day at work, you're driving home and get stopped by the New York City police for a seemingly minor speeding infraction. However, something goes terribly wrong while the officer is talking to you through your car window. Suddenly, you're being dragged out of your vehicle, and the officer is beating you with his bully club before he puts handcuffs on you and lugs you off to jail. Since there was absolutely no reason for the officer to beat you, it's possible that you have a viable police brutality claim that you could file in...