(U.S. and General) Filing a police brutality case is very serious business, especially when the defendant has also been charged with a criminal offense. Actually, some kind of criminal charge will be filed because it becomes a method of protection for the officer who is claiming to be “protecting” and “serving” the citizenry. Police officers know when they have violated the law or police protocol, and will be quick to point out the ever-popular concept that they feared for their own lives.
The real truth that few individuals know is the police are not just police officers. They are officers of the court upon swearing their oath to uphold the U.S. Constitution. The concept that the police officer oath is to “protect and serve” is public myth. It is little more than a public relations mission advertisement.
How Brutality Happens
The U.S. Supreme Court has determined long ago that the most important thing that an officer does is provide for their own protection, so never mind the rights of the brutality victim. They may claim fear for their life, but an offensive officer is not afraid of retaliation via the court, as he is an officer in the army against all potential criminals.
The problem is that many officers are not focused on enforcing the law. They are focused on “being” the law, which they are not. The concept that law enforcement is a war on criminals is not valid in all situations, although there are areas of the nation that suffer from excessive criminal activity.
Police brutality can result in serious injury and even death, and cost a person or family excessive amounts of time and money in recovery. “Not only could you be suffering from physical pain or disability, you may also be enduring emotional trauma,” says attorney Kevin W. DeVore. These are all examples of damage to health and life that one can be compensated for in a successful personal injury claim, even one against a police officer.
Filing A Case Against An Officer
Never file a brutality case against an officer without an attorney. Punitive damage awards are imperative in a police brutality case, especially if the victim expects to continue living in the same town. Profiling occurs regularly in small localities, often as a matter of policy, and the complaining victim is a marked individual by the entire department. Always remember that policemen also have the authority to kill with impunity if they can argue to court associates, such as the judge and prosecutor, that the assassination of a potential suspect was necessary. And, the threshold for proof by the officer is minimal.
Hire A Feared Personal Injury Attorney
Make sure that a known attorney is hired because the court will protect the police officer to a fault. An unrepresented novice filing brutality claims will be laughed out of court. Get an attorney and get a loud one, especially one with a solid track record of standing up to the authorities. Remember, the attorney is an officer of the court also, and the police officer cannot claim superiority as they can against a novice victim. The attorney can be eviscerating, if necessary.
Filming Police Action
Modern camera technology has made it much easier for a witness to a police brutality case to record any offensive occurrence, but states and courts actually are attempting to establish that filming police brutality against an innocent party is terrorism. Legislatures are actually considering this governmental overreach by codifying this martial law concept. Having a solid attorney on your side when filing a case against a police officer is crucial, and requesting the officer’s release may be necessary.
Police departments routinely investigate all brutality claims as a form of public relations, and then dismiss the officer from duty with pay while the case is being adjudicated. Be prepared to maintain the case over the long haul, and be prepared for enhanced charges from the court in an attempt to avoid a civil lawsuit against the court of jurisdiction. The court is the ultimate respondent, and protecting against a brutality lawsuit will be the primary court focus.
One of the topics author and artist Molly Pearce finds herself most concerned with is human rights. She shares this post to provide valuable information to individuals who have been or may be affected in the future by the horror of police brutality. With the help of an experienced legal representation such as Minnesota personal injury attorney, Kevin W. DeVore, those affected by this type of trauma do have the power to take a stand, hopefully spare others from the experience, and to be compensated for their pain and suffering.