42 USC 1983 National Police Misconduct & Wrongful Police Shooting Lawyers
WE SET THE RECORD STRAIGHT. WRONGFUL POLICE SHOOTINGS AND ABUSE RESULTING IN DEATH ARE AGAINST THE LAW. OUR NATIONAL POLICE SHOOTING ATTORNEYS AND CIVIL RIGHTS LAWYERS CAN HELP.
Anyone killed or severely injured during a wrongful police shooting brings great loss to a family. Children can lose their relationship with a mother or father. Spouses can also lose the benefit of having a meaningful relationship with a husband or wife. Although law enforcement officers have the authority to use deadly force and protect themselves, unlawful police shootings have risen to record levels in 2022- 2023.
Unlawful shootings by police are considered excessive force and are a violation of your civil rights. Have you been the victim of a wrongful police shooting? The police shooting lawyers at Watson & Associates, LLC can help. Our goal is to aggressively represent the interests of victims who are facing the pain and shock of losing a loved one. Law enforcement must be held accountable just like citizens. Our police shooting attorneys and wrongful death lawyers are here to help.
Excessive Force and Unlawful Police Shooting Pursuant to 42 USC 1983 Police Misconduct
42 USC 1983 – These are Your Rights and the Rights of Those Who Are Not Here to Defend Themselves
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.”
What You Need to Know
Most states have laws prohibiting the use of police brutality and excessive force, leading to the death of a loved one or sometimes leaving victims paralyzed or with substantial bodily injury. Congress passed 42 USC 1983, allowing victims like yourself or loved ones to sue police officers and government officials for “deprivation of any rights, privileges, or immunities secured by the Constitution and laws” of the United States.
When it comes to excessive force and unlawful police shootings under 42 USC 1983, you should know that law enforcement is only allowed to use the amount of force that is “reasonable” under the circumstances. They could violate your constitutional rights if they exceed this reasonable use of force. Courts look at various issues, such as the severity of the crime being investigated, whether the officer was up against a threat to his safety, and whether the citizen was actively resisting arrest or detention.
Police departments can only lawfully use “reasonable” force under the circumstances. If your attorney can prove that this standard failed, it also means that they violated your constitutional rights under the Fourth Amendment (Protecting against unreasonable searches and seizures).
Judges and courts view “reasonableness” from the perspective of a “reasonable officer”, an objective standard. When deciding what a reasonable officer would do on the scene, the court looks at a variety of things including:
- the severity of the crime being investigated,
- whether the officer was facing an immediate threat to his safety and
- whether the suspect was actively resisting arrest or detention.
Police departments also try to defend cases based on the “Qualified Immunity” defense which is not found in the Constitution. Under this judicial and common doctrine, officers can only be held legally accountable for conduct that violates “clearly established” rights that a reasonable person would know about.
Our goal as national police misconduct lawyers is to balance what is lawful and what is unlawful. Breaking into the wrong house in the middle of the night, and not following local procedures are all reasons that can lead to unlawful police shootings.
When police officers overstep their powers, the law states that victims may sue the police department and the local government for monetary damages. Watson & Associates’ police misconduct law firm is prepared to sue city and local police departments across the country.
Nationwide Locations
Our Law Firm Reviews Cases in Atlanta, Georgia; Denver, Colorado; Colorado Springs, Colorado; NorthGlennLos Angeles, California; Miami, Florida; Chatanooga, Tennesee; Minneapolis, San Antonio, Texas; Minnesota, Also, the states of Oklahoma; Alaska; New Mexico; and New Jersey, and New York.
Contact A Police Shooting Attorneys and Wrongful Death Lawyers Now For a Free Initial Consultation
If you have lost a family member to what could be a wrongful police shooting or shooting by a cop, who actually died or is paralyzed or faced serious bodily harm or are yourself a victim of an unjustified police shooting, you must act now. Our wrongful police shootings lawyers and 42 USC 1983 civil rights attorneys are here to protect your rights and those of family members for wrongful death for officer-involved shootings. We form a team of unlawful police brutality attorneys to fight for you.
Call today for a confidential FREE initial consultation at 1.866.601.5518. Speak to Theodore Watson.