How to Sue the Police for Violating Your Civil Rights
Civil rights law applies to the rights afforded all citizens of a society and includes such liberties as the freedom of speech and protections from discrimination and illegal search and seizure. These rights are given to all individuals, and violations are prosecutable from any source, with a few exceptions for established private entities. Law enforcement officers sometimes violate an individual's civil rights. Officers who are accused of violating civil rights law may be sued.
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Instructions
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Know what your rights are when interacting with the police. The nature of law enforcement grants police officers certain immunity from civil suits. However, a lawsuit may be filed against the officer in a case where the officer made an arrest without probable cause for arrest or carried out an illegal search of property, or in a case of malicious prosecution, iin which the officer violates the 14th amendment right to due process or equal protection,
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Gather any possible evidence immediately. Evidence of the violation may be temporary or disappear quickly, thus it is vital to proving the case that any possible evidence be recorded as soon as possible.
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Contact a civil rights lawyer. Lawyers who specialize in civil right litigation are best suited to determining whether a rights violation has occurred. The lawyer can determine whether or not there is an actionable case. Be careful ,as many states have a false claim law which makes it a misdemeanor to file a false lawsuit against a civil servant, such as a police officer.
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File a "notice of claim" to the city, or agency, which employs the officer. The exact name may be different between states but this is a special form obtainable through the city that must be filed, for most locations, within 90 days of the violation in question. The claim must be notarized before filing.
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Use your lawyer throughout the entire process. While civil rights claims against police officers may be pursued "pro se" (advocating on one's own behalf) the subjective nature of civil right violation and qualified immunity of police officers, as well as the possibility of a false claim case against failed lawsuits, make it very difficult to argue on your own behalf.
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Tips & Warnings
Most states and larger cities have law firms devoted entirely to protecting civil rights at little to no cost to the individual.
When speaking with an attorney about the case learn if the violation may be applicable to lawsuits against the police department, the city or the state.
References
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