Columbus Police Misconduct Lawyer

Columbus Police Misconduct Lawyer

Police officers face many dangers while they are on the job. The police protect our communities, and sometimes, that means placing themselves in harm’s way. Still, police officers must comply with the law at all times. The power a badge and gun bring does not give police officers the authority to violate your rights as outlined by the Constitution and Ohio state law. If law enforcement has infringed on your rights, our Columbus police misconduct lawyer can help you make things right.

Common Types of Police Misconduct

Any time law enforcement violates a person’s constitutional rights, it is a case of police misconduct. The most common types of police misconduct are as follows:

  • Police shootings, which can result in wrongful death
  • Excessive force and police brutality
  • Wrongful arrest and wrongful imprisonment
  • Denying inmates and detainees medical care
  • Illegal search and seizure
  • Wrongful conviction and malicious prosecution

When law enforcement engages in any of the above actions or any other that infringes on a person’s rights, it is possible for the victim to file a lawsuit against the offending officers or a government agency.

Federal Law on Police Misconduct

One of the most important laws regarding police misconduct is 42 United States Code, Section 1983. This law is part of the Civil Rights Act of 1873, and it allows victims of police misconduct to file a lawsuit against anyone who, under the color of law, deprives someone of their privileges, rights, or immunities guaranteed under the Constitutes or other federal law.

By filing a lawsuit, victims of police misconduct can recover damages for their losses. For example, a police shooting resulting in wrongful death will have many financial repercussions for the victim’s loved ones. Through a civil lawsuit, relatives can recover damages for the victim’s income they were dependent on, funeral and burial expenses, and more.

When filing a police misconduct lawsuit, you must present strong evidence to prove your case. This is one area in which it is particularly helpful to have a Columbus police misconduct lawyer who can ensure your rights are upheld while helping you overcome the obstacles these cases present.

Immunity in Police Misconduct Cases

One of the biggest challenges in police misconduct lawsuits is defeating the defense of immunity. Under the qualified immunity doctrine, law enforcement officers and other government agents cannot be sued for their actions unless they have infringed on a person’s constitutional rights. To sue a police officer, one must show that a reasonable person would have known their actions were unconstitutional.

Prosecutors have absolute immunity for their role in misconduct cases, and that is even greater protection. However, prosecutors do not have the right to conspire to fabricate evidence, make false or defamatory statements to the press, or advise law enforcement on whether there is probable cause to make an arrest.

Our Police Misconduct Lawyer in Columbus Can Prove Your Case

If you have been treated unfairly by law enforcement, our Columbus police misconduct lawyer at Marshall Forman & Schlein can prove your case and help you navigate the civil legal system. Call us now or contact us online to schedule a consultation and learn more about your legal options.

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