The Harassment or Discrimination –
Victim must show there was a pattern of behavior rather than an isolated incident. majority of lawsuit settlements against police and police departments involve some type of police misconduct. To be able to successfully file a lawsuit against a police department, you need to be able to demonstrate the following:
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- The Victim’s Fourth Amendment Rights were violated – Typically, this involves proving that the police did not have probable cause or sufficient evidence to arrest the victim in the first place.
- The victim sustained serious injury (or death) – Applies in a situation that did not warrant the use of excessive force.
Most states and jurisdictions demand that the victim first go through administrative channels prior to filing a
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Victims may sue the individual officers involved in the incident, the supervisor of the officers, and the government that has employed them. The most common defendants in a police misconduct case are the individual police officers and the local jurisdiction.