There is a common misconception that you are unable to file a lawsuit against the police when they have violated your civil rights or have otherwise been negligent in their handling of matters that involve you or a loved one. Unfortunately, many believe that because ot the power the police hold, they cannot be held liable for their actions. However, this is far from the truth. As such, the following blog explores what you should know about these matters, including the importance of working with an Oklahoma City civil rights lawyer to explore your legal options during these complicated matters.
Under What Circumstances Can I Sue the Police in Oklahoma?
There are a number of reasons that you may want to file a claim against the police department, so understanding the legal grounds on which a lawsuit can occur is critical. The following are some of the most common claims filed against departments or officers:
- Use of unlawful or excessive force
- Fabricating evidence
- Fourth Amendment violations
- Wrongful death
- Racial profiling or other forms of discrimination
- Sexual misconduct or harassment
- Failure to protect
- Wrongful charges
- False arrest or imprisonment
It’s important to understand that law enforcement does not have immunity from civil or criminal action. This is because U.S. Code 1983 states that any state actor who violates an individual’s constitutional right when acting in their official capacity can be held liable for their actions.
How Do I File a Lawsuit Against Oklahoma Law Enforcement?
If you are a victim of any of the aforementioned actions that constitute misconduct or a civil rights violation, understanding the process of filing a claim for the compensation you deserve is critical. Generally, the most important thing you can do is connect with an experienced attorney to explain your experience and discuss your legal options. They can then assist you through this complicated and often overwhelming process.
Once you have enlisted the assistance of an attorney, they can assist you in gathering the necessary documentation and evidence, such as police reports, arrest records, medical records, communication logs, and videos. Next, they can assist you in filing a complaint against the department or officer with the correct agency, which can be the internal investigation division. If this investigation does not result in a satisfactory outcome, you can pursue a lawsuit with the assistance of your lawyer.
At the Jones Firm, PLLC, we understand that filing a lawsuit against a police department can be incredibly overwhelming. That is why we are here to fight for you every step of the way. Our team will do everything in our power to help you recover the justice you deserve if you are the victim of misconduct or a civil rights violation by the police. When you need help, our team is here. Contact us today to get started.
