Civil Rights Violation Claims for Police Brutality

 Posted on February 03, 2023 in Civil Rights

Protestors have been taking to the streets across the United States in response to the video depicting Tyre Nichols’s arrest. Unfortunately, videos showing violent police interactions with the public are not new, and this is not the first time a video like this has led to nationwide protests against police brutality.

In many cases, police brutality leads to physical injury, or even death. When these types of incidents occur, those affected may be able to file a civil rights violation claim against the police department involved.

Taking Legal Action After an Injury or Death Caused by Police Brutality

The victims of police brutality, or the family members of those killed due to police brutality, may be able to seek compensation for their injuries or loss. Claims can be filed against the officers involved in the incident and the department employing them.

Police misconduct may involve:

• Excessive force - The use of unnecessarily forceful or injurious actions during an arrest or detainment.

• K-9 attacks - Having a police dog attack a suspect without justification for using the K-9 can be a form of police brutality.

• Unreasonable search and seizure - While not technically civil rights violations on their own, unjustified police searches are often a symptom of a bigger problem. 

• False arrest - Detaining someone in bad faith without probable cause or a valid warrant may lead to accusations against the police officer for civil rights violations.

A civil rights violation claim can also be based on the actions of prosecutors. Prosecuting someone without just cause, resulting in an unjustified conviction, imprisonment, and/or property damage may lead to accusations of civil rights violations. A claim for malicious prosecution in Illinois is usually filed against the State’s Attorney’s office responsible for handling the case, but participating police departments and officers may be named as well.

It is important to note that filing a claim may be the only way to hold police departments and prosecutors accountable for their actions, as criminal charges may be difficult to bring in cases of police brutality due to the difficulty in proving an officer’s intent.

Potential Damages to Which You May Be Entitled

The filing of a claim can provide victims with an opportunity to seek compensation for medical costs, pain and suffering, lost wages, and other damages resulting from the incident. In cases where an individual dies due to police brutality, their family may be able to seek additional damages such as loss of consortium or funeral expenses.

Contact our Chicago Civil Rights Attorney

If you or a loved one were the victim of police brutality, contact the Hyde Park civil rights lawyers at Kadzai Law Group, LLC right away. Our attorneys are experienced in handling civil rights violation claims and will fight to get you the compensation you deserve. We understand that filing a claim against the police or any other government agency can be intimidating, which is why we are here to help guide you through every step of the process. Call 312-229-0050 to set up a free consultation.

Source:

https://www.chicagotribune.com/news/breaking/ct-tyre-nichols-federal-plaza-protest-chicago-20230131-d44ynsmcbjaerd3juzujesw2di-story.html