What To Do If You Experience Police Brutality

We want to believe that law enforcement is there to enforce the law and protect the general population. However, police officers are just people. Sometimes, officers act outside of their legal role and commit acts that amount to police brutality. If you experience mistreatment by law enforcement, a civil rights lawyer can inform you of your legal rights and remedies.

Understanding Police Brutality and Your Rights

Police brutality occurs when law enforcement officers use unreasonable, unlawful, or excessive force against a civilian. Common situations where brutality occurs include traffic stops, arrests, detentions, and protests.

However, not all use of force qualifies as police brutality. Acceptable use of force turns into brutality only when it exceeds what is necessary for the situation. Because it depends on the situation, defining brutality can be difficult. Common examples include unnecessary baton strikes, taser use, chokeholds, beatings, or shootings. In some situations, it isn’t an action but what the police officer says. Racial slurs, coercion, threats, or degrading language can be considered verbal abuse.

Unlawful search and seizure can violate civil rights and contribute to incidents of brutality. Similarly, racial profiling is a common element of brutality. A police officer profiling an individual based on their nationality, race, or ethnicity violates civilians’ constitutional rights. In many situations, a police officer may refuse necessary medical treatment for an injured individual while they are in custody. Sexual assault, misconduct, or harassment can be a sign of the police officer abusing their authority.

Constitutional Protections

Several constitutional amendments protect citizens when interacting with the police. If a law enforcement officer acts in violation of your constitutional rights, it could support your claim of brutality.

• First Amendment. The First Amendment protects individuals by giving them the right to peacefully assemble and protest without facing retaliatory force from law enforcement. However, speak with a lawyer before organizing a protest, as there are several laws that you must abide by to claim this protection.
• The Fourth Amendment. The Fourth Amendment protects against unreasonable search and seizure.
• The Eighth Amendment. The Eighth Amendment prohibits cruel and unusual punishment. It was originally intended to apply to treatment after a criminal conviction. However, courts have expanded its protection to include brutality experienced while in custody before conviction.
• The Fourteenth Amendment. The Fourteenth Amendment guarantees due process and equal protection under the law. This amendment is the basis for holding officers and municipalities accountable for civil rights violations.

Federal Law Protections

Several federal laws provide additional rights and protections to individuals. These laws allow individuals to sue government officials, including police officers, for civil rights violations. They authorize the Department of Justice to bring lawsuits against law enforcement agencies for misconduct.

The Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin under programs receiving federal assistance, including law enforcement. The Americans with Disabilities Act (ADA) protects individuals with disabilities against discrimination during police interactions.

State Law Protections

Many state laws provide protections equal to or greater than federal protections regarding unlawful search and seizure, freedom to assembly, and privacy rights.

In addition, some states have passed specific laws to protect their citizens from police brutality. For example:

• California’s Bane Act allows people to sue for interference with their constitutional rights through threats, intimidation, or coercion
• New York has the Right to Record Act, empowering civilians to record police officers in public spaces
• Illinois Law Enforcement Officer-Worn Body Camera Act regulates the use of body-worn cameras and protects public access to footage
• Colorado requires body cameras for all police interactions to increase officer accountability

Immediate Steps To Take After Experiencing Police Brutality

While knowing your rights is crucial, understanding the immediate steps to take after an incident can protect your ability to pursue legal remedies.

Ensure Your Safety and Medical Care

Move to a safe location when feasible and in a manner that will not escalate the situation. However, do not attempt to flee from law enforcement, as this could increase your legal liability and risk of further physical danger.

Once you are able to, seek medical treatment, whether or not your injuries seem serious. Medical records of your condition are essential to support your claim. If you are in custody, request a medical evaluation. If possible, document your injuries with images or video. Your self-documentation should support, not replace, professional medical care.

Use Your Right to Remain Silent

Exercise your right to remain silent. You do not have to provide information to police officers beyond giving your basic identifying information, such as your name and date of birth. Do not discuss the incident at the scene, during or after your arrest, or with other police officers. The only exception is providing the necessary information to receive proper medical care.

Law enforcement must inform you of your Miranda right to remain silent and your right to an attorney if you are taken into custody. To exercise this right, calmly state, “I am exercising my right to remain silent,” and repeat as needed.

Do Not Resist Arrest

If the police decide to arrest you, do not resist or fight. Physically resisting can result in additional criminal charges, such as resisting arrest or assaulting an officer. Courts may be less sympathetic if there is evidence of physical resistance, even if police misconduct occurred.

Get Legal Counsel

The Sixth Amendment gives citizens the right to counsel once their charges are formally filed, but they can also request them during police questioning. Do not answer any more questions until your legal counsel is present.

Documenting Evidence and Injuries

Many police departments now require all officers to wear body cameras. This can be an important piece of evidence for your claim. However, it shouldn’t be your only evidence. As soon as possible, take note of the officer names, badge numbers, and patrol car numbers.

Remember physical descriptions of the officers if you can’t see the identifying information. Write down all of this information as soon as possible while it is still fresh in your mind. Write down in detail the officer’s actions, such as using force or verbal threats.

Recording details quickly ensures accuracy. Take note of the location, date, time, and circumstances surrounding the incident. Save the clothing you wore and any personal items damaged during the incident. Obtain the contact information for any bystanders, including their phone numbers or emails. Ask witnesses to write down what they saw.

If you were able to make your own recording during the interaction, save your videos and images in multiple locations. In some situations, witnesses may have their own recordings of the incident. Politely ask for these videos and add them to your records. Check for third-party surveillance, such as security or traffic cameras that may have captured the incident. You will need to act quickly for this footage, as many systems automatically delete footage every 24-72 hours.

Submit requests for your medical records from all of the facilities where you received treatment. The Health Insurance Portability and Accountability Act (HIPAA) gives you the right to access your own medical records.

Filing a Complaint Against Law Enforcement

The first step in filing a complaint of police misconduct is figuring out the right authority to file with. It could be the law enforcement agency or an independent review board with police department oversight.

You will need to file your complaint in person, online, or by certified mail. When drafting your complaint, focus on the facts, not your emotions. This can be difficult, so having an attorney assist you can be helpful.

Your complaint should objectively state the facts, include supporting evidence, and detail the impact of the police officer’s actions. A filed complaint could lead to an internal investigation. Depending on the result of this investigation, the officer could face discipline, but procedures and outcomes vary widely.

Depending on the severity of the case or frequency of citizen complaints, an external or federal investigation could be initiated. This typically happens when there are systemic or broader issues of misconduct.

Pursuing Legal Action with the Help of a Lawyer

Filing a complaint is one way to seek accountability, but pursuing a legal claim can provide compensation and further legal remedies.

Meet with potential attorneys for a case evaluation. An experienced attorney will understand how to gather evidence, identify legal violations, and anticipate defense strategies. If an attorney takes your case, they will likely work on a contingency fee basis, meaning they only get paid if they recover compensation on your behalf. Don’t wait. Delays can cause the statute of limitations to bar your claim. Statutes of limitations vary widely from state to state and it is important to consult with a lawyer about your state’s timeframes.

Types of Legal Claims

Depending on the facts of your claim, you could have a civil rights violation. In this case, you would file a lawsuit against government officials. Common civil rights claims include excessive force under the Fourth Amendment, due process violations under the Fourteenth Amendment, or cruel and unusual punishment under the Eighth Amendment.

You may have state law claims. Common examples include assault and battery, false arrest, false imprisonment, intentional infliction of emotional distress, or wrongful death (if police misconduct results in death).

Correctly Identifying the Defendants

Your lawsuit will be dismissed if you do not name the correct defendants. Your attorney will assist in identifying the right parties to sue.

Individual officers can be personally named if they acted outside the scope of their official duties or violated clearly established rights. In some cases, supervisors may be liable if they were aware of misconduct and failed to act. Cities or police departments can be held liable if misconduct results from official policies, customs, or failure to properly train officers.

Compensation in a Civil Lawsuit

If you are successful with your claim, you could be awarded several types of damages. Compensatory damages are for your actual loss. Punitive damages are intended to punish the wrongdoer. These are not awarded in all states and are typically reserved for egregious misconduct.

Injunctive relief requires the police department to cease the offending action. Finally, you can seek attorney’s fees, requiring the other party to pay for your lawyer. Speaking with an experienced lawyer will help you understand the possible damages you can claim in your case.

Find a Civil Rights Lawyer

Understanding your constitutional rights and legal protections is the first step toward holding law enforcement accountable for police brutality. If you believe your rights have been violated, an experienced civil rights attorney can guide you through the legal process and help you seek justice. Taking timely action ensures you preserve your claim and have the best chance of securing relief.

Use the Super Lawyers directory to find an experienced civil rights attorney near you.