Columbus Police Misconduct Lawyer
Last updated on December 23, 2025
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 lawyers 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 actions that infringe 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 Constitution 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 Lawyers in Columbus Can Prove Your Case
If you have been treated unfairly by law enforcement, our Columbus police misconduct lawyers at Marshall Forman & Schlein LLC can prove your case and help you navigate the civil legal system. Call us now at 614-762-9727 or contact us online to schedule a consultation and learn more about your legal options.
Examples of Police Misconduct
Many different actions can be considered acts of police misconduct. These include physically violent actions like:
- Severe beatings
- Inappropriate tasings
- Chokeholds
- Shootings that result in bodily harm or death
Other types of police misconduct include:
- Malicious prosecution
- False arrest
- Failure to intervene when a victim is being brutalized. All officers have the duty to protect civilians from harm, and when an officer fails to stop his or her colleague from physically harming someone, that officer may also be charged with police misconduct.
How Police Misconduct Can Hurt You
Perhaps the most obvious way police misconduct can hurt you is by causing you to suffer an injury. A violent beating can result in burst blood vessels and broken bones, while a prolonged chokehold can cause you to suffer brain damage from depriving your brain of oxygen. Other effects of police misconduct include psychological trauma and a deprivation of liberty that ultimately costs you money and wastes time you will never get back.
Work with an experienced police misconduct lawyer to pursue compensation for your damages related to your interaction with law enforcement. In order to recover compensation, you need to prove that the officer’s treatment of you exceeded the scope of his or her work. This is because police officers are immune to lawsuits for the actions they take while performing job duties. To determine whether the officer’s behavior in your case is grounds for a police misconduct claim, the court uses the balancing test. This is an analysis of the situation that considers the following:
- The severity of your alleged offense
- The safety threat you posed to the officer and others
- Whether you made an attempt to resist arrest
Using these factors, the court determines whether another officer would reasonably have taken the same action if he or she were in the same situation.
To demonstrate that you were a victim of police misconduct, you must provide evidence. Your evidence can include:
- Photos and video of the incident
- Eyewitness testimonies of the event
- An expert testimony from your doctor discussing your injury