Law Offices of Johnson & Johnson

The most common civil rights cases that we handle involve police misconduct, such as the use of excessive force, which is a violation of the Fourth Amendment of the United States Constitution that would be brought under Title 42 of the US Code Section 1983 as a civil rights action in federal court. In addition to cases involving police misconduct, we handle many cases involving illegal removal of children by social services, which can result in a Fourth Amendment claim for unlawful search and seizure. In addition, the parents of a child who was illegally removed by social services would have a claim under the Fourteenth Amendment. An Eighth Amendment action can be brought by someone who was mistreated or not given proper medical care while in custody.

What Is Considered Police Misconduct In A Civil Rights Case?

There are a number of examples of police misconduct in civil rights cases. One such example is racial profiling. For example, if an African American male was pulled over without any cause and it was established that the police department had a pattern and practice of pulling over minorities without cause, then that would be grounds for a claim of police misconduct.

Illegal detention is another example of police misconduct, which is a violation of the Fourth Amendment. If someone was subjected to excessive force by a police officer—even if the force was used during the course of a legitimate arrest—then that would be grounds for a civil claim for excessive force. Excessive force also applies to other types of cases, such as those in which police officers use vehicles to assault individuals during chases, or use weapons to bring about excessive force against someone.

Are Police Allowed To Lie To Me To Extract A Confession? Is That Police Misconduct?

There are limits in terms of the lies an officer can tell a person. For example, it’s permitted for a police officer to tell a suspect that another person in custody has confessed to something which they haven’t actually confessed to; this is a common tactic used by police in order to persuade an individual to make a confession. Police officers are not allowed to make false promises, such as telling someone that they will be released from custody if they confess. For example, it’s permitted for a police officer to tell a suspect that another person in custody already provided a confession even though no confession was attained. This is a common tactic used by police in order to persuade an individual to make a confession. However police officers are not permitted to make false promises to convince someone to confess, such as, they will be released from custody if they confess.

Can I Sue The Police Department For Violating My Rights?

An individual can absolutely sue a police department for violating their rights. However, as a practical matter, the individual would actually be suing the city where the police department is located. For example, if someone were to bring an action against an officer from the Oakland Police Department, they would name the city of Oakland and the officer. In addition, they might name a supervising officer or officers who were present at the scene and had a responsibility to protect the individual from having their rights violated.

For more information on Common Civil Rights Cases In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (925) 444-0838 today.

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