POLICE MISCONDUCT AND ABUSE OF FORCE IN SOUTH CAROLINA
POLICE MISCONDUCT AND ABUSE OF FORCE LAWYER IN COLUMBIA, SC
POLICE MISCONDUCT AND ABUSE OF FORCE: Civil Rights violations:
As in any profession, the majority of police officers are professional and ethical but there are some who fall short or are in the profession for the wrong reason. Law enforcement officers necessarily have great power to stop people beyond what power or authority have in society when they are engaged in their job. The common law of South Carolina and its Constitution along with the Federal Constitution does place limits on how far law enforcement officers (police) can go in trying to enforce the law. Recent civil unrest regarding the power of police in many towns and the seeming disparity in the use of deadly force in minority communities has raised awareness of the disparities and nature of law enforcement.
When the police or any law enforcement officer violate a person’s rights by abusing power or using excessive force beyond legal allowance, that person has a constitutional right to recourse through the Courts in fact a central purpose of this States and the nation’s civil rights laws is to protect citizens from abuses by government which includes abuse or misconduct by law enforcement/police. The Judicial process is not practical for minor abuse or misconduct that results in little or no actual injury, but if you have been injured physically or jailed or incarcerated wrongly under the law, some civil rights laws allow attorney fees, compensatory and punitive damages as incentives for injured parties to enforce their rights.
Police Immunity:
The most common claims brought against police officers are false arrest (or false imprisonment), malicious prosecution, and use of excessive or unreasonable force. Federal statute, 42 U.S.C. §1983, is the primary civil rights law used by individuals who were severely damaged by improper, unjust or excessive police action. Law enforcement personnel including any police officer doing his or her job have immunity from suit. Simple negligence, or the failure to exercise due care, is not enough to create liability. As long as the officer is performing his job properly, however, there is no violation of a suspect’s rights. In fact, police are immune from suit for the performance of their jobs unless willful, unreasonable conduct is demonstrated. What level of action rises to that level is not subject to a bright line test. Law enforcement immunity therefore means that in the typical police‑suspect interaction, the suspect cannot sue the police. Civil rights and common law remedies come into play only for willful police conduct that violates an individual’s constitutional rights.
False Arrest; Malicious Prosecution; Excessive Force; Failure to Intervene.
These claims are the most common claims by individuals against Law Enforcement Agencies and police officers. Individuals in this Country are given rights under the Constitution including the 4th Amendment and others. State laws, in some instances, differ in what is required for arrest. In general, however, for a false arrest case, an individual victim must show and provide evidence that the arresting officer lacked probable cause, that is, facts sufficient to cause a reasonable person to believe that a crime had been committed.
A malicious prosecution claim asserts that the officer wrongly deprived the victim of the Fourteenth Amendment right to liberty. To win this type of claim, the victim must show four things: 1) the defendant police officer commenced a criminal proceeding; 2) the proceeding ended in the victim’s favor (that is, no conviction); 3) there was no probable cause; and 4) the proceeding was brought with malice toward the victim. As with false arrest, this claim will fail if the officer had probable cause to initiate criminal proceedings.
Excessive Force / Failure to Intervene:
Claims of excessive force are rare but receive the most publicity. Whether the officer’s use of force was reasonable depends on the surrounding facts and circumstances. The officer’s intentions or motivations are not controlling. Further, law enforcement officers have a duty to protect individuals from constitutional violations by fellow officers. Therefore, an officer who witnesses a fellow officer violating an individual’s constitutional rights may be liable to the victim for failing to intervene.
Lawsuits against police officers and law enforcement agencies are very difficult cases. There must be substantial evidence supporting the individual’s claim. If you feel you’ve been the victim of police misconduct, Ormond – Dunn does handle these kinds of claims and will discuss your potential case with you.
