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Disability Discrimination

Although anyone can become the victim of police misconduct, studies have shown that individuals who are mentally impaired or disabled are at particular risk of falling victim to it. If you or someone you love suffers from a mental disability and a police officer took advantage of that and used excessive force or engaged in some other type of police brutality, it is important to remember that you have rights. You may be able to file a claim against the officer, or the police department for which they work. Our California police misconduct lawyers can help you do it.

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The Americans with Disabilities Act (ADA), which was enacted in 1990, makes discrimination against disabled individuals against the law. The law pertains to both physical and mental disabilities. The purpose of the ADA is to make sure that everyone, including people with disabilities, is treated the same as everyyone else and that their civil rights are upheld. Individuals who are mentally disabled have the same right to be treated fairly by local and state services, such as law enforcement agencies.

Under the Rehabilitation Act of 1973, Section 504, it is against the law for any program that receives federal funding to discriminate against people with mental or physical disabilities. The law applies to any local, state, or national law enforcement agency that receives funding from the U.S. Department of Justice. Working in conjunction with the ADA, Section 504 of The Rehabilitation Act of 1973 ensures that everyone in the country enjoys the same civil rights, including those who suffer from disabilities.

Both the ADA and the Rehabilitation Act of 1973 prohibit police officers from violating the rights of disabled individuals. Police officers must also modify their procedures when interacting with people with disabilities.

For example, someone with a mental disability may not understand they are being placed under arrest and so, they walk away from the police officer trying to arrest them. The officer may then grab the individual and use excessive force to restrain them while handcuffing them. Due to the fact that the person with the mental disability did not understand they were being arrested, the officer could be held liable for police misconduct and even false arrest. In this case, the officer should have modified the procedure to ensure they did not infringe on the individual’s civil rights due to their disability.

The laws do not only ban discrimination based on a disability, but they also provide a way for victims to claim compensation for it when it occurs. Victims of discrimination can file a claim against the officer, or the government agency they work for, any time they suffer harm as a result of police misconduct.

If you or someone you love has been the victim of police wrongdoing, our California police misconduct lawyers at Burris, Nisenbaum, Curry & Lacy can advise you of your legal rights. Call us now or reach out to us online to schedule a consultation and to learn more.

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    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
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