CIVIL RIGHTS CLAIMS – INJURIES BY POLICE OR GOVERNMENTAL AGENTS – POLICE INJURY OR UNREASONABLE FORCE IN SOUTH CAROLINA
BASICS OF THE LAW:
If you are injured by law enforcement agents (Police) and/or other such agents, many people lump these cases into the category of civil rights. There are specific civil rights issues with law enforcement and specific statutes may apply as well as common law principals. If a person is injured by governmental agents the same elements of negligence (as well as other common law actions) apply, but with some additional factors and defenses.
HOW DO I KNOW IF I HAVE A CASE:
Police have the power to arrest and restrain and maintain the peace. Although these duties and immunities have limits, Courts require that not only there be significant damage to the individual harmed but there must be either overreach by the police (abuse, excessive or unreasonable use of force) or the arrest or restraint must have been illegal in the first place.
THESE CASES ARE DIFFICULT TO BRING AND WIN.
If you feel you have been injured (or wrongful death) by Police action, there is usually no need to seek legal redress unless you are injured significantly or you were incarcerated (placed in jail or lockup) without reasonable cause for a significant period of time. If your case meets these criteria, you will also need to provide evidence that the arrest was without reasonable cause or the force used by the police was abusive, excessive or unreasonable for the circumstances.
WHY HIRE AN ATTORNEY:
WE WILL DISCUSS YOUR CASE INITIALLY FOR A FIFTY DOLLAR ($50) FEE. (Half hour consult) This fee is simply to determine if the basic elements of a case may exist.
WE DO:
– CIVIL RIGHTS// POLICE MISCONDUCT / EXCESSIVE OR UNREASONABLE FORCE
– CAR-TRUCK AND MOTORCYCLE AND BICYCLE ACCIDENTS.
– DEFECTIVE OR UNSAFE PRODUCTS (PRODUCTS LIABILITY)
– WORK PLACE INJURIES AND THIRD PARTY CLAIMS
– DOG BITES – HOMEOWNER CLAIMS AND OTHER NEGLIGENCE CLAIMS.