A police officer can be held responsible in civil and criminal courts if he uses unnecessary or excessive force against a citizen in the performance of his duties. He can be prosecuted as a criminal or sued for any injury or harm he caused. You may sue an officer in civil court for assault and battery or for wrongful death (for example, if you believe a relative was wrongfully killed by police). You may also be able to file a suit against the police department or sheriff’s office, as well as the municipality or state that employed the officer. If successful, you may be entitled to recover medical expenses, lost wages, pain and suffering, disability, and loss of quality of life. You may also be entitled to punitive damage. Since a police officer is an agent of the state, he or she may be violating your civil rights. If so, you may also sue in the federal courts and receive compensation for the same offenses as in a state court lawsuit. In addition, the U. S. Attorney General may bring federal criminal charges against an officer who violates a person's civil rights using excessive force.

The difficulty with police conduct cases is having sufficient proof. Most police officers are honorable and professional. Accordingly, it is frequently difficult to prove improper or wrongful conduct. Nevertheless, policemen and women are human, and like any trade or profession, there are “bad apples” who think they are beyond the law or who wrongfully perform required duties. Accordingly, there are many examples of successful cases.

Whether someone is falsely arrested, imprisoned, or was egregiously assaulted by a police officer, they may have important legal rights that will compensate them for their losses. If you believe you, a love one, or friends have suffered injury due to police misconduct, you may have a valid injury claim and entitled to compensation. Legal claims involving police misconduct may involve complex legal, medical and technical issues. The following are a few important legal, factual and evidentiary matters to consider when evaluating a claim.

• Was the police officer acting within the scope of his official duties?
• Were you assaulted by an off-duty or an on-duty police officer?
• What events or actions led to the illegal conduct by the police officer to you or your loved one?
• Was an incident report made by the police officer or any other source?
• Is there a history or pattern within the police department for this or other similar wrongful conduct?
• Has this police officer been involved in other similar situations or have other allegations of brutality or misconduct been levied against the particular police officer?
• Have you ever been involved in criminal conduct which resulted in imprisonment?
• Was there any illegal or discriminatory pretext or motivation for the police officers conduct?
• Was the police officer acting on order or policy of the police department or local government when he allegedly acted improperly to you or your loved one?
• Have you given any statements to the press, media or any other sources?
• Have any criminal charges been made against you because of the incident?

It is important that an experienced legal team evaluate police misconduct cases. Complex legal, factual, and evidentiary issues may be involved. If you, a friend, or loved have been injured by police misconduct, you should take immediate steps to protect your or their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, their representatives, and do not sign anything. Consider the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to your claim. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients. If you would like to know more, make a selection from the above box.