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Police Misconduct
The purpose of § 1983 is to deter state actors from using the badge of their authority to deprive individuals of their federally guaranteed rights and to provide relief to victims if such deterrence fails. State law also allows for recovery under alternate theories. In California, a claim must be filed with the appropriate entity/agency within 6 months of the incident. This time limitation is strictly enforced, but there are certain exceptions. To succeed in a claim of a § 1983 violation, the burden is upon you (the plaintiff) to establish by a preponderance of the evidence that: (1) the defendant performed an act or acts which operated to deprive you of one or more of your Federal Constitutional rights; (2) the defendant acted under color of law; and (3) the defendant's acts were the legal cause of the damages sustained by the plaintiff. EXCESSIVE FORCE The use of force is contrary to the Fourth Amendment if it is excessive under objective standards of reasonableness. The use of force by officers is not reasonable under the Fourth Amendment is there is no need for force. It is a question of fact as to what force a reasonable officer would have used which controls, not the state of mind of the defendant himself. Evil intentions will not establish a constitutional violation if the force used was objectively reasonable, nor will good faith protect an officer who used unreasonable force. The physical force must be objectively reasonable from the perspective of a reasonable police officer on the scene, not with the 20/20 vision of hindsight. A claim of excessive force must be analyzed independently from a claim of false arrest. Court have found excessive force in many varied circumstances. BATTERY Pursuant to California Penal Code § 835(a), a police officer may use reasonable force to make an arrest, prevent escape or overcome resistance, and need not desist in the face of resistance. DETENTION The Fourth Amendment protects a person from unreasonable searches and seizures. The improper seizure of a person on a street will violate the Fourth Amendment. Whenver a police officer accosts an individual and restrains his freedom to walk away, he has 'seized' the person. A seizure for the purposes of the Fourth Amendment occurs when taking into account all the circumstances surrounding the encounter, the police conduct would have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business. The Fourth Amendment prohibits only (objectively) unreasonable seizures and the reasonableness of a seizure is measured by the totality of the circumstances. The way in which a seizure is effectuated can also render it unreasonable. An arrest or detention without a judicial warrant is presumed unlawful and in violation of the Fourth Amendment. Once a plaintiff meets this burden, the burden of proof shifts to the defendant(s) to establish either that (1) the detention was fbased upon articulable suspicion or (2) the arrest was based upon probable cause. The basic detention between a detention and an arrest is that in the case of a detention, it is likely (but not guaranteed) that you will be released once the police finish their investigation. If further evidence is located in the course of the investigation, you will likely be arrested. A detention may not be premised on mere curiosity, rumor, or hunch that the detainee is involved in criminal activity. Instead, a detention must be justified by specific and articulable facts, measured by facts known to the officer at the time he detains the suspect. A determination of whether an officer had reasonable suspicion or probable cause is not readily reduced to 'a neat set of legal rules.' Rather, the court must consider the totality of the circumstances. This includes the 'collective knowledge of the officers involved, and the inferences reached by experienced, trained officers.' However, this experience may not be used to give the officers unbridled discretion in making a detention. A detention may also be justified because a search warrant implicitly carries with it the limited authority to detain the occupants of the premises while the search is conducted. FALSE IMPRISONMENT False arrest or false imprisonment is the unlawful violation of the personal liberty of another. (false arrest is but one way of committing a false imprisonment, and they are distinguishable only in terminology). All that is necessary to make out a charge of false imprisonment is that the individual be restrained of his liberty without any sufficient complaint or authority therefor . . . .. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS In order to be considered outrageous, the conduct must be so extreme as to exceed all bounds of that usually tolerated in a civilized community. The extreme and outrageous character of the conduct may arise from the abuse by the actor of a position, or a relation with the other, which gives him actual or apparent authority over the other, or power to affect his interests. QUALIFIED IMMUNITY The United States Supreme Court has recognized qualified immunity for government officials where it [is] necessary to preserve their ability to serve the public good . . . . Police officers are one class of government officials entitled to qualified immunity. A police officer is not entitled to qualified immunity simply because there is no prior case prohibiting the use of this specific type of force in precisely the circumstances involved. It must be sufficiently clear to the officers that, acting as a "reasonable officer" that their conduct was unlawful in the situation they confronted. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2008 by Keith H. Rutman. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. |