Q: Officer allowK9 to attack handcuffed man then. Took pics of the wounds and shared them around the community!need interna
It seems impossible to hold accountable I have so much evidence it’s bigger than Rodney king
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Tennessee
- (865) 637-3035
- View Profile
- Answered
A: A Civil Rights Action is a federal case which must be filed as a Government Tort Liability Action (1 year SOL; no jury; caps on damages). Few lawyers even know what kind of suit is required. Start with personal injury attorneys here on Justia, as virtually no criminal attorneys can handle it.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
I understand you're dealing with a very serious situation involving alleged police misconduct. Let me break down some key points and potential legal considerations:
1. Excessive force: If an officer allowed a K9 to attack a handcuffed individual, this could potentially be considered excessive force, which violates the Fourth Amendment.
2. Privacy violation: Taking and sharing photos of wounds without consent may violate privacy rights and potentially departmental policies.
3. Documentation: The fact that you have evidence is crucial. Preserve all photos, videos, witness statements, and medical records.
4. Reporting: Consider filing a formal complaint with the police department's internal affairs division and your local civilian oversight board, if one exists.
5. Legal action: You may want to consult a civil rights attorney to discuss the possibility of filing a Section 1983 lawsuit for violation of constitutional rights.
6. Federal involvement: If local authorities are unresponsive, you could potentially report this to the FBI or the Department of Justice's Civil Rights Division.
7. Media attention: While carefully considering potential impacts, bringing attention to the issue through local media might increase pressure for accountability.
To move forward:
1. Organize all your evidence systematically.
2. Consult with a civil rights attorney experienced in police misconduct cases.
3. File formal complaints through appropriate channels.
4. Consider reaching out to local civil rights organizations for support and guidance.
Remember, the legal process can be complex and time-consuming, but there are avenues for seeking justice in cases of police misconduct. An experienced attorney can help you navigate the best course of action given the specific details of your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
