Police Misconduct Lawyer In California - BNCL Law Firm

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    John Burris, California Police Misconduct Lawyer


    Police misconduct is shockingly common in California. From the infamous beating of Rodney King and the riots in Los Angeles that ensued, to the incidents of police violence that go unnoticed today, misconduct by law enforcement is all too common in The Golden State. Police officers are given great power and authority to carry out their duties and serve the public. Still, under the Constitution, there are limits to how far police officers can go to enforce the law. If a police officer has violated your rights, you do have legal recourse. Our team of police misconduct lawyers can help you make things right.

    No Upfront Costs. We only get paid if we win your case.

    Police Brutality

    Police officers should protect and serve the public without ever abusing their power. Sadly, the news is full of headlines seemingly every week with instances of police brutality and excessive and even lethal force. When police officers or other government agents inflict serious injury or death on a person, the law does not always hold them liable. Fortunately, if you have been hurt, you can file a civil claim to recover compensation for your losses. Our California police brutality lawyers can help you do it.

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    Police Shooting

    Over the past few years, police shootings have started to make headlines more and more. The tragic news is that they have been occurring for decades, and too many lives have been lost. Whether you have lost a loved one during a police shooting or you have suffered a physical or mental injury as a victim of a police shooting, it is important to know your rights may have been violated. If that is the case, you can pursue legal action to recover financial compensation for your injuries. Our California police shooting lawyers at Burris Nisenbaum Curry & Lacy, can help you prove your case.

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    Deadly Force

    Law enforcement officials are meant to protect the communities they serve. In California, the majority of officers follow the rules and standards outlined in the law and that they learned during their training. There are some individuals in law enforcement, though, who abuse the power that has been granted to them. If someone you love has been the victim of deadly force by a police officer, it is important to know that you may have a legal claim against the offending official. Our California deadly force lawyers at Burris Nisenbaum Curry & Lacy, can help you and your family claim the full damages that are justly yours.

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    Excessive Force

    Police officers are allowed to use a certain amount of force while performing their official duties. However, the force they use must be reasonable and necessary. Force can also only be used when an officer needs to defend themselves or others, or when they need to make an arrest. Too often, though, police officers use force that is not considered reasonable or necessary. Excessive force is often a violation of the Fourth Amendment, which guarantees everyone in America the right to protection from an arrest or search and seizure without probable cause.

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    Wrongful Conviction

    There is little more that is frightening in life than being convicted of a crime you did not commit. Whether you were found guilty by a jury or a judge, or you pleaded guilty for a reduction of charges, you suffered harm as a result. You may have already spent weeks, months, or years behind bars and as a result, have lost relationships, employment, and other opportunities many people take for granted.

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    False Arrest

    Police officers in California and throughout the United States cannot simply arrest anyone any time. All arrests must be lawful, meaning that police officers must follow certain rules and procedures. Under the Fourth Amendment, law enforcement officials must have either probable cause or a warrant to arrest someone.

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    Racial Profiling

    The majority of police officers throughout California view everyone they serve and protect equally. Unfortunately, certain police officers tend to suspect individuals of being guilty of a crime based solely on the color of their skin. If a police officer stops, searches, or arrests an individual based solely on this factor alone, and without probable cause that a crime was actually committed by the person, that is racial profiling.

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    Police Dogs

    K-9 units are an invaluable tool for law enforcement. But police dogs are also dangerous to the public because (a) as animals they can be unpredictable or difficult to control once unleashed, and (b) they can be trained and ordered to inflict harm.

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    Governmental Immunity
    Generally speaking, the actions a police officer takes while on the job are protected under governmental immunity. This legal doctrine prevents police officers, and other government officials from being sued unless permission is given for a lawsuit to proceed. While being stopped or pulled over by law enforcement and being questioned is an unsettling experience, it is not a violation of your constitutional rights in most cases, and you cannot file a lawsuit based on that fact alone. Police officers cannot face civil liability simply for doing their job.

    Although police officers are protected by governmental immunity, state and federal laws do allow individuals to take legal action against police when they have been a victim of misconduct.

    42 U.S. Code, Section 1983 provides individuals a way to sue police officers and anyone else acting under the government’s authority when their constitutional rights have been violated. Originally known as the Civil Rights Act of 1871, the federal law was first enacted to protect the rights of African Americans during the Reconstruction era after the Civil War. Today, the purpose of the law remains largely the same. It not only allows lawsuits to be filed against government agents when they violate a person’s constitutional rights, but it also allows victims to claim damages.

    There are many ways in which a police officer can violate a person’s constitutional rights. They include:

    • False arrest: A false arrest occurs when a police officer did not have probable cause to make the arrest, which means the officer did not have reason to believe a crime had been committed.
    • Malicious prosecution: Malicious prosecution claims assert that a government agency pursued legal action against a person when they did not have probable cause to do so. 
    • Excessive force: It is generally accepted that police officers must use force sometimes in their work. However, that force cannot be considered excessive and when it is, victims have a right to file a lawsuit to collect damages.

    No one should ever have to suffer harm at the hands of those who took an oath to serve and protect them. At Burris Nisenbaum Curry & Lacy, our California police misconduct lawyers are dedicated to helping victims make things right. Call us now or reach out to us online to schedule a consultation with one of our experienced attorneys and to learn more about how we can help.

    Civil rights litigation against California law enforcement

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      Step 1: Free Case Review

      Submit your details online. We’ll review your claim at no cost to you.
      *Results can vary depending on legal circumstances

      Step 2: Investigation & Evidence

      Our legal team gathers police reports, footage, and witness statements to build your case.

      Step 3: Justice & Recovery

      We fight for the compensation you deserve. You pay nothing unless we win.

        Q: How do I know if I have a police misconduct case in California?

        A legal claim typically arises when an officer violates your Constitutional rights through excessive force, false arrest, or malicious prosecution. If you suffered physical injury or were detained without probable cause, you may have a case.

        Qualified immunity protects government officials from liability unless they violated a “clearly established” statutory or constitutional right. Our attorneys specialize in navigating these complex federal laws to hold officers accountable.

        For claims against government agencies in California, you often must file a formal administrative claim within six months of the incident. Missing this deadline can bar you from ever filing a lawsuit.

        Victims may be entitled to “compensatory damages” for medical bills, lost wages, and emotional distress, as well as “punitive damages” intended to punish the department for egregious behavior.