Police officers have no easy task — they must balance the duty to protect and serve with the preservation of civil rights. Although most take the profession seriously, violations can occur. Officers can and have failed to maintain this balance and abused their power in interactions with civilians. Three of the more common situations where an officer violates an individual’s civil rights include the following.
#1: Excessive force
Whether an officer uses a weapon against a subdued suspect who poses no threat or continues to apply physical force to restrain a suspect who is not resisting arrest or attempting to flee, the use of excessive force is likely a violation of the victim’s Constitutional rights. Police officers are only allowed to use force in a way that a reasonable officer would do in the same circumstances. Victims can often hold an officer accountable for any use that goes above and beyond this reasonableness standard.
#2: False arrest
False arrests occur when officers take an individual into custody without probable cause or a valid warrant, a direct infringement on their civil liberties. Such actions not only violate the Fourth Amendment right against unreasonable searches and seizures but also compromise the broader principle of justice and fairness that underpins the legal system. The impact of a false arrest can be profound, leading to emotional distress, reputational damage, and financial losses for the wrongfully detained individual.
#3: Deliberate indifference to a serious medical need
18 U.S.C. § 242 prohibits police from acting with indifference to a substantial risk of harm to a person in custody. This can include a serious medical condition. In order to build this claim, the victim will need to establish that the officer had actual knowledge of the medical condition and failed to act in a reasonable way to address it.
These actions not only breach individual rights but also erode trust between communities and the police forces designated to protect them. Victims of police misconduct can often feel powerless. Legal avenues exist to address and rectify these wrongs.
Awareness of one’s civil rights and the most common violations by police helps to better ensure victims confront and address potential abuses. For more detailed information on police brutality and civil rights, including how to take action if you believe your rights have been violated, visit our Police Brutality and Civil Rights page. Remember, legal recourse is a powerful tool in combating injustice and upholding civil liberties. If you or someone you know has been a victim of a civil rights violation by the police, consider contacting a civil rights attorney to discuss your options.