If you’ve been a victim of police misconduct, we know the pain and trauma you’ve experienced and are now trying to process. Not only do you have to navigate the actual trauma the police have put you through, but you also have to deal with the fact that your claims are likely to be questioned and critiqued by those who think claims against the police are overblown. If you’re seeking closure and demanding accountability from the police department that caused you harm, you may be able to seek compensation under Section 1983. Working with a police misconduct attorney in California can make this entire process much less stressful.
At the Law Offices of Dale K. Galipo, our team of police misconduct lawyers is passionate about holding law enforcement to strict standards, protecting our clients’ rights, and demanding better from the institutions that are supposed to serve us. Our police misconduct law firm, founded by attorney Dale K. Galipo, serves those who have experienced denial of medical care, excessive force, and illegal restraint at the hands of law enforcement. Find out how we can help you demand accountability by calling our police misconduct law firm at 818-347-3333.
What is a Section 1983 Claim?
U.S. Code Section 1983, often referred to as just Section 1983, covers civil lawsuits for deprivation of rights. These civil rights claims allow individuals to sue the government when officials have violated their constitutional rights. This includes police officers at the local, state, and federal level.
When Can You Sue the Police Under Section 1983?
Certain requirements must be met before you can sue the police under Section 1983. First, you must be able to prove that the officer in question violated your rights. With the advent of body cams and a growing number of people recording every police interaction they see, proving this is easier than it used to be. What happened to you must have occurred when the officer was acting in their official position of authority. Finally, you have to be able to show that the injury you suffered was a direct result of the police officer’s misconduct. Making each part of your claim as strong as possible is crucial if you want to succeed, which is why reaching out to a police misconduct lawyer should be one of your first steps.
The Role of Qualified Immunity
Qualified immunity is a legal concept that hinders some Section 1983 claims before they ever get off the ground. This defense was recognized by the Supreme Court in 1967, and since then, it has caused countless police misconduct claims to fail. The idea behind qualified immunity is that government officials cannot be held liable for Section 1983 claims unless their conduct clearly violated established constitutional rights. While qualified immunity strives to balance people’s constitutional rights with public officials’ freedom to do their job, many police misconduct attorneys believe that qualified immunity gives police officers freedom to act with reckless abandonment.
Potential Damages You May Recover
If your Section 1983 claim succeeds, you could be entitled to several forms of compensation. Common types of compensation awarded to victims include medical expenses, lost income, property damage, pain and suffering, emotional distress, and punitive damages, although punitive damages are only awarded in rare cases involving egregious misconduct.
Important Deadlines and Procedural Rules
Claims against the government are considerably more difficult than personal injury claims against private parties. Not only do you have to follow different claim procedures and notice requirements, you also have to follow a much stricter timeline. Generally, claims against the government have a much shorter statute of limitations than other personal injury claims. Waiting too long to start your claim could result in the complete loss of your chance to seek compensation.
You don’t just have to act quickly to meet case deadlines—you also want to preserve important evidence. Body cam footage, witness accounts, and cell phone footage can be harder to access as time passes. The earlier you act, the easier it is to secure and preserve important evidence.
Call the Law Offices of Dale K. Galipo to Discuss Your Case Now
Our police misconduct law firm is here to help you hold rogue police officers accountable after an injury. Contact our office to discuss your case now at 818-347-3333 or fill out our online contact form.
