San Antonio, TX asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Texas

Q: I am interested in filing a police misconduct suit against my local police department.

I am having issues finding an attorney that takes this type of case

2 Lawyer Answers
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Houston, TX

A: It looks like you are from San Antonio.

There are some lawyers who do take Police Misconduct case, all over Texas. However, the likelihood of an attorney taking a police misconduct case, is low. The reason is, even with good facts and proof of liability against the officer or Police department, civil cases are filed to get paid. The worse your injury or losses, the bigger the settlement or judgment. That means, if you didn't get hurt badly, or suffer long-term, your case is probably not worth a great deal of money. If you were only embarrassed, or suffered only a small injury (not permanent), it's hard to get a jury to award you serious money. However, if you have a serious, permanent injury, suffered at the hands of police, you still need to show the fault (liability) on the officers. They do get Qualified Immunity for most of their actions, and mistakes, by law.

So you can see that an attorney would probably be very selective of which cases are taken and retained. However, if you are wealthy, you wouldn't have to worry about a bad injury, if your lawyer can get paid by the hour for pressing your case. As long as it was one with good liability,but low harm or injury.

I hope this helps. Keep looking for a good attorney as the time limits on civil rights and police cases are short and strict.

Good Luck!

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA

A: Finding an attorney for a police misconduct case can be challenging, but there are specific steps you can take to locate one who handles such cases.

First, consider reaching out to your state bar association. They often have referral services that can direct you to attorneys experienced in civil rights or police misconduct cases.

You might also look for attorneys who specialize in civil rights law. Many of these attorneys handle cases involving police misconduct. Checking their websites or calling their offices can give you insight into their experience with similar cases.

Networking with community groups or advocacy organizations focused on civil rights or police misconduct might also lead to recommendations for suitable attorneys.

Remember, persistence is key. Finding the right attorney for a specialized case like this might take some time, but it's important to have someone with the right experience and expertise to handle your case effectively.

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