Police Misconduct Lawyers
Most police officers are hardworking and honest. They have stressful jobs that they perform bravely and professionally. But, it cannot be denied that there are more than a few officers in Philadelphia and the surrounding communities who regularly abuse their power.
Whether on purpose or not, they egregiously mistreat the very people they are hired to protect. Just because police have a tough job or a badge does not mean they have the authority to stomp on a person’s civil rights.
Police Brutality Can Cause Permanent Injury and Death
Police brutality continues to be a problem in Philadelphia and throughout Pennsylvania. Only recently, a Philadelphia police officer physically and emotionally traumatized a mother and her 2-year-old son in a stunning example of police brutality.
The mother has stated that the officer smashed her SUV, physically assaulted her, and separated her from her son during the recent unrest in West Philly.
The mother suffered internal bleeding, had a swollen trachea, and her left had to be placed in a sling due to severe shoulder pain. Her teenage nephew’s hand was shattered during the incident, requiring surgery.
Sadly, these types of incidents are not rare. Police misconduct can happen to anyone, and when it does, the results can be devastating to innocent Philadelphia residents.
For more information, please see:
Types of Police Misconduct & Police Brutality
Police misconduct takes many different forms, and it involves the illegal use of force by the police. The most common forms of police brutality involve the use of excessive force.
While law enforcement officers have a right to use some force when it is justified, they cannot use more physical force than necessary to control the situation.
In some cases, law enforcement officers beat a suspect unnecessarily, or they use extremely aggressive measures when they could control the situation through verbal means. Police misconduct includes the following:
- Choking
- Unjustified shootings
- Misuse of pepper spray
- Verbal abuse and threats
- Injuries caused by tasers or stun guns
- Beatings that caused the death of the victim
- The use of excessive force
- Physical assault
- Sexual assault, abuse, harassment, or rape
- The death of a suspect in police custody
- Improper imprisonment
- Illegal arrests
For more information, please see:
- Examples of Civil Rights Violations by Police Officers
- What to Do If You Are Assaulted by a Police Office During a Riot
- What is the Difference Between Police Corruption and Police Misconduct?
Lawsuits Claiming Excessive Force
The Fourth Amendment of the US Constitution protects citizens from unreasonable searches and seizures. The Supreme Court has extended these protections to unreasonable force used by police officers.
Unfortunately, even though law enforcement officers know that they cannot use excessive force, many Philly police officers continue to do so, causing victims serious bodily injuries. We have all heard about the multiple incidents of police brutality in Philadelphia that have led to severe injuries and even death.
If you have experienced an injury due to a police officer’s excessive force, you may be wondering whether or not you can recover compensation for your injuries. You may be wondering whether the police officers were engaged in the use of excessive force in your case.
Excessive force by a police officer is unreasonable when the level of force is beyond that which is necessary for the officer to defend himself or herself or to make an arrest. Even when a suspect did commit a crime, police officers cannot subject the suspect to excessive force that causes injuries.
For more information, please see:
- Can You Sue a Police Officer Personally in Pennsylvania?
- What Constitutes an Illegal Search and Seizure?
In many cases, police officers will claim that the suspect was resisting arrest when they used excessive force. However, as we gather evidence, we often discover that the suspect was not resisting and the police officer was not at any risk of harm from the suspect.
In that case, the officer does not have a right to use excessive force that causes injury to the suspect.
Do You Need a Philadelphia Police Brutality Lawyer?
Even if a suspect is resisting arrest, police officers can only use the amount of force they need to protect the public and themselves from injury. For example, if a police officer is a large man, and the suspect is a small older woman, the officer will not need to use too much force to arrest her.
The Use of Deadly Force
In several highly publicized cases, a law enforcement officer will use lethal force against a suspect resisting arrest. The officer typically justifies the force by saying the suspects threatened his or her life.
Whether the officer had the right to use deadly force typically becomes the most important issue in cases in which the police officer kills the defendant.
Police officers only have a right to use deadly force in a very narrow set of circumstances, such as:
- The police officer was at risk of suffering significant bodily injury or death
- The suspect was attempting to flee from the police, and the law enforcement officer had probable cause to believe that the suspect was a serious threat to the public
Suppose a suspect tries to punch a police officer during an arrest. In that case, the officer does not have the right to use deadly force by shooting the suspect. The deadly force would be disproportionate to the suspect’s use of force.
Similarly, if a teenage suspect stole some food from a store and was running away, the police officer likely does not have the right to use deadly force. However, when a suspect pulls a gun out and points it at a police officer, refusing to drop it, the police officer will have more justification for using deadly force.
The Importance of Discussing Your Case With an Experienced Police Misconduct Lawyer
The best thing you can do is speak to an experienced police brutality lawyer or a police harassment lawyers who will carefully evaluate your case. At Abramson & Denenberg, P.C., we have helped many Philadelphia residents recover compensation in police brutality cases.
Our police misconduct attorneys have an in-depth understanding of state and federal laws that prohibit police brutality. Police brutality cases, especially those involving lethal force, are often complicated and require a diligent fact-finding process.
How Can Police Excessive Force Attorneys Help Recover Financial Compensation
After carefully reviewing your case, we will advise you as to whether you have a case of police misconduct or not. If you become injured by a police officer, it is worth taking the time to look into whether you have a valid legal case.
Obtaining financial compensation could help you pay for your medical bills and ongoing treatment while securing your family’s financial future. Our Philadelphia police brutality lawyer will advise you of your rights and guide you through every step of the process of filing a police misconduct claim.
In addition to helping you understand your legal options, our legal team can assist in gathering crucial evidence such as medical records, witness statements, and video footage to build a strong case. We also navigate the complex legal system on your behalf, filing claims under relevant state and federal laws, including civil rights claims under 42 U.S.C. § 1983.
Our goal is to hold violent police officers accountable for their actions and ensure you receive the compensation you deserve for injuries, emotional distress, and other damages.
We understand that pursuing a police brutality claim can be overwhelming, especially when dealing with the trauma caused by police violence. That’s why we offer compassionate support throughout the legal process, providing a free and confidential consultation to discuss your case in detail. Our law firm works diligently to protect your rights and fight against inappropriate force and civil rights violations by government officials.
By choosing an experienced police brutality attorney, you gain an advocate who is committed to exposing misconduct and pursuing justice, including claims related to wrongful death, malicious prosecution, and other serious violations. We are prepared to handle all aspects of your case, from investigation to negotiation and, if necessary, trial.
Contact a Philadelphia Police Misconduct & Brutality Lawyer Today
At Abramson & Denenberg, P.C., we fight for the rights of people who have been mistreated by police. If you or your loved one has been wrongfully arrested, immobilized with a Taser, shot, beaten, or unlawfully prosecuted or imprisoned, call 215-398-7066 as soon as possible to talk to us about your options.
We do not charge victims of police brutality or their families any upfront legal fees. We will only ask you to pay us if we win your case. We have won millions of dollars for our clients who were victims of police misconduct. Pennsylvania has a statute of limitations for filing police brutality claims.
If you do not file your case in time, you could lose your ability to file a compensation claim.
We Will Stand Up to the Police for You
Our police misconduct practice is led by Alan Denenberg, an experienced civil rights attorney who once worked as a city solicitor, handling police misconduct cases from the other side. He has an insider’s perspective on how cities defend police misconduct claims — and he uses this knowledge to his clients’ advantage.
He represents police brutality victims in state and federal courts who suffered severe injuries and have a right to compensation. With a reputation for fighting police brutality cases aggressively, Attorney Denenberg has secured many high-value verdicts and settlements on behalf of his clients.
The people of Philly and the surrounding areas do not have to tolerate police abuse. Police must respect our rights whether we are in our homes, on the streets, or in their custody. When they fail to do so, we step in and help police misconduct victims hold them accountable.
Depending on the circumstances and the extent of the injuries involved, victims of police misconduct may be entitled to money for their medical expenses, pain, and suffering and lost earnings, and punitive damages, which are meant to punish the officer for his or her actions.
Suing the City of Philadelphia for Assault and Battery During Protests
Victims of police assault and battery have begun filing civil rights lawsuits against the Philadelphia police department. These lawsuits allege that the Philadelphia department initiated violence against peaceful protesters.
At least three different plaintiffs filed lawsuits against Philadelphia in July, accusing them of using military-level violence. These victims allege that law enforcement officers caused injuries to people who are protesting as well as innocent bystanders.
According to Bret Grote, the legal director of the Abolitionist Law Center, the police “were just opening fire on anybody they saw, for hours and hours, regardless of any conduct or justification.” He also accuses law enforcement of shooting residents on their own streets, gassing firefighters, and shooting at old people.
Call Our Philadelphia Police Misconduct Lawyers Today for a Free Consultation
It is important to act quickly to hold the police responsible for misconduct and abuse. There are strict time limits in place in Pennsylvania, and nationally that can limit your ability to file a claim. Call 215-398-7066 or contact us online to schedule a free, no-obligation case review with one of our police misconduct lawyers.
Frequently Asked Questions About Police Harassment and Misconduct
What should I do if I experience police harassment or brutality?
If you experience police harassment or brutality, try to remain calm and document the incident if possible. Collect witness statements, take photos or videos, and seek medical attention for any injuries. Contact an experienced police harassment lawyer promptly to discuss your legal rights and options.
Can I file a police brutality claim if I was wrongfully arrested?
Yes, if you were wrongfully arrested without probable cause or a valid warrant, you may have grounds to file a police brutality claim. False arrest is a common form of police misconduct, and you should seek legal representation to protect your rights.
How long do I have to file a police brutality or harassment claim?
The statute of limitations varies by state, but in Pennsylvania, you generally have two years from the date of the incident to file a claim under federal law. It is important to consult a lawyer as soon as possible to ensure you do not miss any deadlines.
What types of compensation can I seek after police misconduct?
Victims of police misconduct may seek compensation for medical expenses, lost wages, emotional distress, pain and suffering, and in some cases, punitive damages aimed at deterring future misconduct by law enforcement.
Will having a criminal record affect my ability to file a police brutality claim?
Having a criminal record does not disqualify you from seeking justice for police misconduct. Everyone has the right to be treated fairly and with respect by law enforcement, regardless of past records.
What evidence is important in a police brutality case?
Key evidence includes medical records documenting injuries, witness statements, video footage from body cameras or bystanders, police reports, and any other documentation that supports your claim of excessive force or misconduct.
Can I sue individual officers or the police department?
You can file Philadelphia police brutality claims against individual officers and, in some cases, the police department or municipality. An experienced police brutality lawyer can advise you on the best legal strategy to hold officers accountable.
What is the role of police misconduct attorneys?
A police harassment lawyer helps you understand your legal rights, gathers evidence, navigates the legal process, and advocates on your behalf to seek justice and compensation for the harm caused by police misconduct.
Are there any fees to hire a Philadelphia police brutality attorney?
Many police harassment lawyers work on a contingency fee basis, meaning you pay nothing upfront and only pay legal fees if your case is successful. This allows victims to pursue justice without financial barriers.
How can I protect myself from retaliation after filing a complaint?
Retaliation by police officers is illegal. Your lawyer can help protect your rights and ensure your safety throughout the legal process. It is important to report any retaliation immediately to your police brutality lawyer.
