Police officers used to be known as the protectors of our society. However, in recent times, the reality of abusive behavior from law enforcement has been made clear as excessive force, unauthorized arrests, and public abuse of power have unfortunately become all too common.
While most law enforcement officers honor their oath to serve and protect, the reality is that there are many who do not. Injury at the hands of these powerful abusers can cause serious physical damage. Even more devastating, abuse can lead to great psychological and emotional damage from the betrayal of the forces who are supposed to be the “good guys”.
Proving a case of police brutality can be extremely challenging. The police force has an internal incentive to manipulate the system to protect their own. You need a qualified professional by your side to continually give you guidance and support so that you can get the justice you deserve. Contact the Dallas police brutality lawyers at Mathias Raphael PLLC Accident & Injury Lawyers today so we can start fighting for you.
What Is “Police Brutality?”
The term police brutality refers to the violation of basic human rights by the police force. Police brutality cases have rose to the limelight in recent years, with aggressive police force leading to civilians unjustifiably losing their life. While the police force has certain rights during their course of action, they are not protected from violence that strips away basic human rights and is suggestive of torture mechanisms.
The founding fathers of the United States knew about the exploitation of authoritative figures and specifically granted the people of this country protection from abuse. The U.S. Constitution provides the right to liberty, security, and equal protection under the law that are violated by police brutality.
Specifically, the Fourth Amendment places limits on what can be considered a reasonable search and seizure. Additionally, the Eighth Amendment places restrictions on cruel and unusual punishment which provide for protection from the use of excessive force by the police.
Civil Rights Act §1983
The Civil Rights Act of 1871, 42 U.S.C. §1983 is a federal statute that provides for the people of the United States with the right to bring claims against the government for violations of civil rights. §1983 can applies at against federal authority and can also be used as a claim for authority acting “under the color of” the Act under state or local laws.
1983 claims do not always involve violence, but victims of excessive violence by the police force can use the section to assert their claims. A person who violates the protections of the Act who are granted authority by state law are committing a violation as a representative of the State “under cover of” the Act.
The distinction as to whether the individual was acting “under cover of” the State is important to see whether the claim can be brought as a violation of the authority the individual represents. When bringing a claim, the court may look to a variety of considerations to determine whether an officer was acting under the color of state law when they violated someone’s federal rights. Such factors include whether the police:
Was on the job
Was wearing the police uniform
Used Police Equipment (Squad car, handcuffs, etc.)
Displayed a badge
Stated they were a cop
Read the Miranda Rights as appropriate
Had a Bodycam they can reference
Appropriately detained the victim
Appropriately arrested the victim
Do Not Let The Fear Prevent You From Taking Action.
No individual is above the law, even the police. The use of excessive force by the police deserves a proper investigation that is thorough, independent, impartial, and transparent regardless of the asserted crime against the individual.
According to Amnesty International, police officers around the world have been recording to harm or even murder civilians during their course of duty. In the United States, we cannot tolerate this behavior because we specifically are a country where our government has provided us protections, no matter how intimidating authorities might be to persuade cases from being brought.
If a police authority has instructed you to stay silent, you have even more reason to seek a claim for the obstruction of justice brought by authorities.
Police officers who use excessive force too often get away with their actions. While these cases may be intimidating to bring, do not let fear or intimidation stop you from being heard. At the very least, you deserve to know your rights and evaluate your options on how to proceed.
Our Dallas police brutality lawyers are skilled professionals who can be your advocate throughout this process. We understand the sensitive nature of these cases and can ensure that all of your information will be kept confidential as you decide how best to proceed. These cases bring our lawyers passion as no human here in this country should ever feel that the system is not on their side.
Contact Mathias Raphael PLLC Accident & Injury Lawyers today for a free evaluation from our Dallas police brutality attorneys.
