Suing the police involves taking legal action against a government agency for harm that has been caused by the actions of police officers. This can include cases of police brutality, wrongful arrest, excessive force, and other types of misconduct.
In order to sue the police, you must be able to show that the officers involved acted negligently or intentionally caused harm. In some cases, it may also be necessary to show that the police department had a policy or practice that allowed or condoned the misconduct.
In this article, we will discuss the legal principles that govern when the police can be sued, the steps you can take to bring a lawsuit, and some of the challenges you may face when suing the police.
Overview of police liability: Discuss the legal principles that govern when the police can be sued and what types of damages can be recovered in a police misconduct lawsuit.
Steps to take if you want to sue the police
The process for suing the police varies depending on the jurisdiction and the specific circumstances of the case. However, there are generally several steps you can expect to go through when suing the police:
- Gather evidence: To build a strong case against the police, you will need to gather as much evidence as possible. This may include witness statements, photographs or videos of the incident, medical records, and any other documentation that supports your claim.
- File a complaint: To initiate a lawsuit against the police, you will need to file a complaint with the appropriate agency or court. This may be the police department itself, a government agency that oversees law enforcement, or a civil court.
- Serve the complaint: After you have filed the complaint, you will need to serve the police department or individual officers with a copy of the complaint. This is typically done through a process server or by certified mail.
- Respond to the complaint: The police department or individual officers will then have an opportunity to respond to the complaint by filing an answer or other response in court.
- Discovery: During the discovery phase, both sides will have the opportunity to gather additional evidence and information about the case. This may involve exchanging documents, taking depositions, or requesting that the other side provide answers to written questions.
- Trial: If the case goes to trial, both sides will present their evidence and arguments to a judge or jury, who will decide the outcome of the case.
- Appeal: If either side is not satisfied with the outcome of the trial, they may have the right to appeal the decision to a higher court.
Challenges of suing the police
There are several challenges that one may face when suing the police:
- Proving wrongdoing: In order to sue the police, you must be able to prove that they acted improperly or broke the law. This can be difficult, as the police are often afforded a certain level of discretion in their actions and may have the support of their superiors or colleagues.
- Immunity: Police officers and other government officials may have immunity from civil lawsuits, meaning that they cannot be sued for actions taken within the scope of their official duties. This immunity can make it difficult to hold police accountable for their actions.
- Burden of proof: In a civil lawsuit, the burden of proof is on the plaintiff to show that the defendant (in this case, the police) is liable. This can be a challenging task, especially if you are seeking damages for emotional distress or other intangible injuries.
- Costs: Suing the police can be a costly endeavor, as it may require hiring a lawyer and paying legal fees. Even if you are successful in your lawsuit, you may not be able to recover these costs.
- Time: Suing the police can be a lengthy process, as it may involve filing paperwork, gathering evidence, and going through multiple court hearings. This can be frustrating and emotionally draining for those involved.
- Public perception: Suing the police can also be challenging due to public perception. Some people may view it as being disloyal to law enforcement or as an attempt to profit off of the police. This can make it difficult to garner support for your case.
Examples of successful police misconduct lawsuits
There have been many police misconduct cases in which individuals have successfully sued the police for misconduct. Here are a few examples:
- In 2016, a jury in Baltimore, Maryland awarded $37 million to the family of Freddie Gray, who died while in police custody. The jury found that the police officers involved were responsible for Gray’s death and awarded the family damages for their loss.
- In 2020, the city of Chicago agreed to pay $16 million to the family of Laquan McDonald, who was shot and killed by a police officer in 2014. The officer was later convicted of second-degree murder and sentenced to nearly seven years in prison.
- In 2018, the family of Tamir Rice, a 12-year-old boy who was shot and killed by a police officer in Cleveland, Ohio, reached a settlement with the city for $6 million. The officer involved in the shooting was not charged with a crime.
- In 2015, the city of Ferguson, Missouri agreed to pay $1.5 million to the family of Michael Brown, who was shot and killed by a police officer in 2014. The officer was not charged in the incident.
- In 2020, the city of Minneapolis agreed to pay $27 million to the family of George Floyd, who died while in police custody. The police officers involved in Floyd’s death were charged with various crimes, including second-degree murder.
How much does it cost to sue the police?
The cost of suing the police will depend on a number of factors, including the complexity of the case, the amount being sought, and the lawyer’s hourly rate. In general, hiring a lawyer to represent you in a civil lawsuit can be expensive.
According to the American Bar Association, the average hourly rate for a lawyer in the United States is around $260, although rates can vary significantly depending on the lawyer’s location, experience, and type of case.
In addition to the lawyer’s fees, you may also be responsible for paying court costs, expert witness fees, and other expenses related to the lawsuit. These costs can add up quickly, especially if the case goes to trial.
It is worth noting that, even if you are successful in your lawsuit against the police, you may not be able to recover all of your legal costs. In many cases, the damages awarded in a civil lawsuit are not enough to cover the full cost of the legal process.
If you are considering suing the police, it is a good idea to speak with a lawyer to get a better understanding of the potential costs involved. Many lawyers offer free initial consultations, during which you can discuss your case and get a sense of what to expect.
How long do you have to sue a police department?
The length of time that you have to sue a police department (also known as the “statute of limitations“) will depend on the specific circumstances of your case and the laws of your state. In general, the statute of limitations for civil lawsuits against the police is the same as the statute of limitations for other types of civil cases, such as personal injury or contract disputes.
The statute of limitations is the time frame within which you must file a lawsuit. If you fail to file a lawsuit within the applicable statute of limitations, you may be barred from bringing your case to court.
In most states, the statute of limitations for civil lawsuits is between one and six years. However, there are some exceptions that may apply, such as if the police department is accused of fraud or if the person bringing the lawsuit is a minor.
Lawyers that sue police departments
Lawyers who sue police departments, also known as police misconduct attorneys, specialize in representing individuals who have been wronged by the police. These lawyers may handle cases involving police brutality, false arrest, wrongful imprisonment, and other forms of misconduct.
Police misconduct attorneys typically work on a contingency basis, meaning that they do not charge their clients upfront but instead take a percentage of any damages awarded in the case. This allows individuals who may not have the financial resources to pay for a lawyer upfront to pursue legal action against the police.
To be successful in suing a police department, a lawyer must have a thorough understanding of the laws and regulations that govern the actions of law enforcement and be able to present a strong case on behalf of their client. They may also need to work with expert witnesses, gather and analyze evidence, and negotiate with the police department or other parties involved in the case.
Frequently Asked Questions
Can I sue the police for not investigating?
It is generally possible to sue the police for not investigating a crime, although it can be difficult to prove that their failure to investigate caused you harm. In order to sue the police for not investigating, you must be able to show that they had a legal duty to investigate the crime and that their failure to do so resulted in some form of injury or damage to you.
For example, if the police failed to investigate a crime that resulted in physical harm to you or damage to your property, you may be able to sue them for negligence. However, if the police did not investigate a crime but you were not directly harmed as a result, it may be more difficult to show that you have a valid legal claim.
The average settlement for police misconduct
It is difficult to determine the average settlement for police misconduct, as the amount awarded for damages in these cases can vary significantly depending on the specific circumstances of the case and the laws of the state in which the case is brought. Some police misconduct cases may result in no damages being awarded, while others may result in millions of dollars in damages.
Factors that may affect the amount awarded for damages in a police misconduct case include the severity of the misconduct, the extent of any injuries or damages suffered, and the amount of insurance coverage that the police department has.
In some cases, the parties may be able to reach a settlement agreement out of court, in which case the damages awarded may be less than what would have been awarded by a jury. In other cases, the case may go to trial and a jury will decide the amount to be awarded for damages.
Conclusion
Suing the police is a viable option for those who have been wronged and are looking for recourse, though it can be a time–consuming and costly process. It is important for individuals to be informed and aware of their rights, and to understand the legal process that they may need to go through should they choose to pursue a lawsuit.
