Under Civil Rights Acts, 42 U.S.C. “1981 and 1983,” Law Enforcement Officers’ victims can file for damages under Title VII. This Post-Civil War Law is an integral part of the Civil Rights Act of 1871, which was intended to curb oppressive conduct by governmental agents and private vigilante groups, such as the Ku Klux Klan.
This law makes it unlawful for anyone acting under the authority of federal, state or municipal laws, to deprive another person of his or her Constitutional Rights.
Here are a few types of Law Enforcement Misconducts:
Intimidation, also known as cowing, is the name of a criminal offense in many jurisdictions. Intimidation occurs, when a person, including a law enforcement officer, intentionally causes another person of ordinary sensitivities, to perform or to refrain from performing an act. This wrongful act happens, when a person threatens Physical, Emotional or Property harm to the victim or any other person.
The most prevalent complaint against the police force is false arrest. Plaintiffs, who file this type of claims, argue that the police violated their 4th Amendment right against unreasonable seizure.
In order to prevail, the victim must show that the police officer did not have Probable Cause to arrest him or her. This means that the arresting officer lacked sufficient facts, which would make a reasonable person to believe that a crime had been committed.
Generally, a Police Officer has the authority to arrest an individual without a warrant for a suspected felony or even a misdemeanor, which committed in his or her conscious presence. Some states even allow warrantless arrests for misdemeanor domestic violence, which has occurred prior to their arrival.
Even if the information that the officer relied upon later turn out to be false, the officer is not liable if she or he, reasonably, relied upon them at the time of the arrest.
A coerced confession is one made against one's free will. In a claim of Coerced Confession, the Plaintiff must show that under the attendant circumstances he or she did not freely and voluntarily make the confession.
Coerced Confessions are generally regarded as inadmissible evidence in court proceedings; because of the 5th Amendment Protection against compulsory self-incrimination.
Incriminating statements obtained by governmental agents’ threats, or promises that permit the defendant's will to be overborne are, generally, construed as coerced confessions that violate the Fifth Amendment.
Please note: A confession is not necessarily considered coerced, merely, because the police misrepresented to a suspect the strength of the evidence against him or her.
False imprisonment is the basis for a felony crime and tort liability. False Imprisonment occurs when an individual’s personal movement restricted within a confined area without legal justification or consent. Actual physical restraint or enclosed location is not necessary for a false imprisonment claim. False Imprisonment can be committed by private security guards, ordinary people as well as governmental detention.
When it comes to public police, the proof of false imprisonment is sufficient to obtain a writ of “Habeas Corpus.”
Please note that not all involuntarily detentions are false imprisonment. The law may give privileges to some people to detain somebody against their will, under certain circumstances.
Moreover, a false imprisonment claim requires that the detention was an intentional act, and not accidental.
In malicious prosecution claims, plaintiffs, generally, argue that law enforcement officers wrongfully deprived them from their 14th Amendment right to liberty.
To prevail in this type of cases, the victim must prove the following:
- The officer commenced a criminal proceeding;
- The proceeding ended in the victim's favor;
- There was no probable cause for the prosecution;
- The proceeding was brought with malicious intentions against the victim.
Subornation of Perjury
The crime of Subornation of Perjury occurs, when any person, including a lawyer or a police officer encourages, induces, or assists another person to knowingly lie under oath.
Corruption and Bribery
Corruption and Bribery laws deal with people who attempt to buy influence with public officials including police officers and other decision-makers.
Crime of bribery covers bribes of cash, assets, services, favors, or anything else of value, whether delivered presently or in the future. Bribes can occur directly, or indirectly through third parties in an effort to disguise the true nature of the transaction. Even if a transaction is never completed, the mere offering or soliciting of a bribe is enough to cause criminal liability.
Please note that the Bribery and Corruption Laws can punish both the person offering the bribe, and the person receiving it. These laws are designed to root out corruption in the public and private sectors. Defendants accused of taking bribes can include elected representatives, government officials, police officers, board members, labor union officers, sports referees and umpires, and business leaders.
Cases involving judges, district attorneys, witnesses, and jurors can lead to severe punishments, because corruption of these individuals is viewed as a direct threat to the integrity of our Justice System, itself.
Racial Profiling is a systemic tool, which dates back to Colonial Rules. They used racial profiling as one of their many tools to justify their savageries and crimes against humanity. Here in the United States, Racial Profiling dates back to the era of slavery. Until 1950s, in some jurisdictions, Racial Profiling was "codified law".
Racial profiling is referred to the act of suspecting or targeting people of certain background, stereotypically, based on their race, rather than on individual suspicion.
Examples of racial profiling can be widely seen in our roads, where the police stop certain drivers for minor traffic infractions, simply, because of their skin color or the use of race to determine which pedestrians to search for illegal contraband.
Failure to Intervene
Law Enforcement Officers have a duty to protect the people from violation of their constitutional rights by their fellow officers. Therefore, an officer witnessing a fellow officer beating an individual without any lawful justification, and fails to intervene may be equally liable to the victim as the perpetrator of the crime. Thus the so-called “Code-of-Silence” does not comport with the Code of Ethics and the Rule of Law.
Please remember that the Law Enforcement Officers are generally allowed to use reasonable force under attendant circumstances to make an arrest or enforce the law. However, if a criminal suspect resists an arrest or attempts to run away or gives a token push to a police officer, the officer is not permitted by law to use extreme force or deadly weapons.
In all fairness, we must also remember that ordered liberty is the foundation of Democracy and Civilized discourse. Manifestation of ordered liberty lies upon the brave shoulders of thousands of men and women in uniform; who valiantly endure grave insults, injuries and even death in the line of duty, while bravely complying with their sworn obligation of serving and protecting the people. However, misconduct by a few incompetent officers, has left a corrosive mark on police culture, everywhere.
The only way, we can cull out such bad actors is to courageously stand for our sacred constitutional rights and justice; by holding the wrongdoers to account for their criminal acts and civil damages.
If you've been the victim of any type of police misconduct, please click HERE and consult with a Competent, Credible and Compassionate Chosen Civil Rights Lawyer, right away. When it comes to defending your rights and obtaining justice, Time Matters!® Your initial case evaluation is absolutely CONFIDENTIAL and FREE.