Police Misconduct Lawyer in California | BNCL Law Firm

Police Misconduct Lawyer in California

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.
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.

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.

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.

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.

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.

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.

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.

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.

Alt Text!
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 dama
  • ges.
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.
How can we help?

    Subject*

    Please describe your issue

    Our Offices

    Northern California Office Airport Corporate Centre
    7677 Oakport Street, Suite 1120
    Oakland, CA 94621
    Ph: (510) 839-5200
    Southern California Office
    9701 Wilshire Boulevard, Suite 1000
    Beverly Hills, CA 90212
    Ph: (310) 601-7070
    For press inquiries,
    please contact:
    Lee Houskeeper
    newsservice@aol.com
    Ph: (415)654-9141

    Our Offices

    Northern California Office Airport Corporate Centre
    7677 Oakport Street, Suite 1120
    Oakland, CA 94621
    Ph: (510) 839-5200
    Southern California Office
    9701 Wilshire Boulevard, Suite 1000
    Beverly Hills, CA 90212
    Ph: (310) 601-7070
    For press inquiries,
    please contact:
    Lee Houskeeper
    newsservice@aol.com
    Ph: (415)654-9141
    Case Results

    Reginald Oliver v. City of Oakland

    Oakland Police keep fabricating evidence and lying about minorities to arrest and prosecute them for supposed “gang” crimes, in violation of a settlement that prohibits …

    Read More
    Named plaintiff Reginald Oliver claims the Oakland PD continues violating the Constitution, in defiance of the settlement in Delphine Allen e al. v. City of Oakland, USDC No. C-00-4599 TEH, also known as "The Riders" litigation. Read Full Course
    John Burris
    Jane Smith v. City of Oakland

    Racial profiling of Asian women by police officer resulting in a class action complaint for damages, declaratory and injunctive relief

    Read More
    Finding evidence about defendant's post-conviction parole violation unfairly prejudicial "since the jury could have construed that parole violation as character evidence in violation of Federal Rule of Evidence 404(b)" Read Full Course
    Rodney King
    Rodney King v. City of Los Angeles

    Rodney King has filed a petition for a writ of mandamus seeking to have Judge John G. Davies disqualified from presiding at the trial of …

    Read More
    Rodney King waited too long to file a malpractice suit against the first of 27 lawyers who represented him in connection with the infamous beating he suffered from Los Angeles police in 1991, this district’s Court of Appeal ruled yesterday. The ruling by Div. Two affirmed Los Angeles Superior Court Judge Ann Kough’s grant of summary judgment to Steven Lerman. King earlier this year dismissed his appeal of Kough’s ruling in favor of two other lawyers sued in the case, Federico Sayre and John Burris. Read Full Course
    FEATURED News & Updates

    Civil rights lawyer John Burris confronts police narratives

    Written by Janie Har, AP researcher Rhonda Shafner also contributed to this report. To read on AP News click here OAKLAND, Calif. (AP) — Before …

    Watch our video