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Police brutality cases are not simply brutal violence cases. Brutality may occur any time a police officer uses unnecessary, undue or excessive force during the exercise of their duties as a police officer and this causes injuries to the victim. Many cases involve unnecessary shootings, use of tasers, and sprays that cause burns to the skin and eyes. These types of incidents can give rise to a civil lawsuit for monetary damages.
Michigan police misconduct lawyers and Michigan police abuse lawyers must be familiar with the complexities of these laws to best represent the injured client. Victims of police abuse and police misconduct who have had their civil rights violated primarily rely on a statute known as Section 1983. This law was originally passed as part of the Civil Rights Act of 1871. Section 1983 is published within Title 42 of the United States Code. Section 1983 makes it unlawful for anyone acting under the authority of state law to deprive another person of his or her rights under the Constitution or Federal law. This would include a person’s Fourth and Fifth Amendment rights under Section 1983.
In Ayuyu vs. Tagabuel, 284 F.3d 1023(9th Cir. 2002), the Court affirmed a jury verdict in favor of a retarded Plaintiff (victim) who contended he did not understand what he was doing when a signed a Miranda waiver form and confession. The 9th Circuit held that coerced confession constituted a due process violation under the Fifth and Fourteenth Amendments of the United States Constitution. A later case confirmed that the coercive questioning of citizens did not violate the Fifth Amendment and was not actionable under Section 1983 unless the statements used against the victim.
Section 1983 in conjunction with the Fourteenth Amendment have also been used to prosecute victims claims from police misconduct. This included due process clause claims for medical care and to be protected from harm. Also, the Federal courts have ruled that the police and their governmental entities that they work for can be liable for injuries caused by third parties under two separate doctrines: the “special relationship doctrine” and the “danger creation doctrine.” Both of these doctrines are complicated and you should contact a Michigan police misconduct attorney and Michigan Police abuse lawyer if you believe you have these types of claims.
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Contact a Southfield, Michigan, police abuse and Detroit police misconduct attorney serving the greater Detroit area.
We represent personal injury clients in Detroit, Southfield, , Pontiac, Troy, Warren, Grand Rapids, Muskegon, Lansing, Battle creek, Kalamazoo Bloomfield Hills, West Bloomfield, Rochester, Auburn Hills, Clarkston, Birmingham, Ferndale, Novi, Pontiac, Troy, Sterling Heights, Waterford, Warren, Dearborn, Westland, Canton, Monroe, Ann Arbor, Flint, Mount Clemens, Livonia, Grosse Pointe, Saint Clair Shores, Brighton, as well as residents of Wayne County, Kent County, Oakland County, Macomb County, Washtenaw County, Gennesee County, Monroe County, Ingham County, Saginaw County, Livingston County, Lenawee County and all other Michigan counties.
