Police brutality is a broad term that encompasses various types of misconduct by law enforcement officers against civilians. Despite the existence of several laws in the U.S. designed to prevent and address police brutality, many people remain unaware of their rights in these situations.
In this blog post, we will provide an overview of the different forms of police brutality and the legal protections in place for civilians.
Common Forms of Police Brutality
Excessive Force
While police officers are permitted to use force when necessary to arrest or control a suspect, the use of force must be proportionate to the situation. When an officer uses more force than required, it constitutes police brutality.
False Arrest or Malicious Prosecution
If a police officer arrests or prosecutes someone without proper legal justification or for a crime they did not commit, this could be considered an act of police brutality.
Racial Profiling
Law enforcement officers are expected to enforce the law impartially. When officers target individuals based on their race, such as Hispanic or African American, rather than their behavior, this constitutes police brutality.
Verbal, Sexual, or Psychological Abuse
Police officers who engage in verbal threats, sexual misconduct, or psychological abuse against civilians are committing acts of police brutality.
Failure to Intervene
When one officer witnesses another officer breaking the law or using excessive force but fails to intervene, both officers can be held accountable for police brutality.
Key Laws Protecting Against Police Brutality
Fourth Amendment
The Fourth Amendment protects individuals from unreasonable searches and seizures. The Supreme Court has ruled that what is considered “reasonable” force varies depending on the situation, meaning officers must avoid using excessive force that exceeds what is necessary.
Fourteenth Amendment
The Fourteenth Amendment guarantees that no state shall infringe on the privileges or immunities of U.S. citizens, nor deprive any person of life, liberty, or property without due process of law. The due process clause ensures that civilians have the right to seek judicial review if their rights are violated.
Justification Law
This law sets limits on when police officers can use force, typically allowing it only when necessary to protect themselves, maintain public order, or protect others. Force must be used appropriately and only when a citizen is non-compliant or poses a threat to public safety.
Civil Rights Act of 1871
Originally enacted to protect the rights of African-Americans, this act has been expanded to safeguard the rights of all individuals against violations by state and local authorities. It allows individuals to sue for damages if their constitutional rights are violated, including cases of police brutality.
Filing a Complaint Against a Police Officer
If you believe you have been a victim of police brutality, it is important to take action promptly. Most police departments have online complaint forms or hotlines where you can report misconduct. You can also file a complaint in person at the police department. Be aware that some jurisdictions have time limits for reporting incidents, so it’s crucial to file your complaint as soon as possible after the event.
If you need legal assistance in dealing with police brutality or other civil rights issues, consider contacting the Lawyer Referral Service of Central Texas. Our team can provide a consultation and connect you with the right attorney in Austin, TX. For more information, call 512-472-8303, toll-free at (866) 303-8303, or fill out our online contact form.
