If you or a loved one have been falsely arrested, strip searched, jailed, or beaten by the police you may pursue those wrongs through a civil rights action. Typically the case is filed in the federal courts. The actual statutory authority is located in 42 USC 1983. These causes of action can include common law tort actions as well such as Battery, False Imprisonment, Malicious Prosecution, etc. My typical client suffers both emotional and physical damages in these circumstances. The typical civil rights actions allow those wronged to collect pecuniary damages, compensatory, and punitive damages. The single feature that is attractive to an attorney is that pursuant to section 1988 all attorney's fees and some costs may be collected from the defendants after winning the case at trial. These cases are very difficult to win because of the jury's bias towards police officers. However, with the right set of facts, that bias may be overcome.
If you need a consultation regarding how best to proceed with your civil rights claim please call our office immediately.
