Orange County Police Misconduct Lawyer
Orange County Police Misconduct Attorney
Victims of police misconduct often face emotional trauma in addition to physical injuries. The Orange County police misconduct lawyers of Greg Peacock Law work hard to stand up for those wronged by law enforcement. We help our clients pursue justice and accountability under California and federal civil rights laws.
Police Misconduct in Orange County
In 2022, the police made contact with over 49 million U.S. residents while on duty. About 1% of arrests made during this time were reported as police misconduct. Overall, there are around 250,000 law enforcement-initiated injuries reported by civilians.
Police misconduct occurs when an officer violates the law, departmental policies, or constitutional rights. While most police officers follow laws, there are those who cross the line.
Common forms of police misconduct include:
- Excessive force or police brutality
- Wrongful or false arrest
- Illegal search and seizure
- Police dog bite injuries
- Racial profiling and discrimination
- Civil rights violations
When your rights are violated, you don’t have to fight against this government entity alone. Our firm provides experienced, strategic representation to help you stand up against government power and seek justice.
Orange County Police Misconduct Laws
Police misconduct cases are complex because they involve both state and federal laws. They also include procedural rules and immunity doctrines that protect government employees. To combat this, you need someone who holds a strong understanding of these laws.
Federal law allows victims to file a legal claim against government officials who violate constitutional rights. This includes police officers. Winning a claim under federal law requires you to prove two things:
- The officer was acting under color of law.
- The officer’s actions deprived you of a right protected by the U.S. Constitution or federal law.
These types of cases can involve unlawful arrests, excessive force, and illegal searches. Many officers assert qualified immunity, however. This is a legal defense that protects them from liability unless it’s clear that the conduct violated established law.
In addition to federal claims, victims may also bring actions under California law. These include:
- Battery by a peace officer. When excessive or unreasonable force is used
- False imprisonment or false arrest. When an officer detains or arrests someone without lawful cause
- Negligence or intentional infliction of emotional distress. Protects individuals from law enforcement interfering with their constitutional rights with threats and intimidation
Types of Police Misconduct Cases We Handle in Orange County, CA
At Greg Peacock Law, we represent clients in Orange County and throughout the surrounding areas. We handle a range of police misconduct cases. These include:
Police Brutality and Excessive Force
Police officers are allowed to use reasonable force to perform their duties. When that force becomes excessive, it violates your constitutional rights.
Examples of excessive force include:
- Beatings or the use of weapons without justification
- Chokeholds or neck restraints
- Taser or pepper spray misuse
- Shooting unarmed individuals
- Unnecessary roughness during an arrest
Under both civil rights law and California law, excessive force is illegal. Officers must use reasonable force that they would apply in other similar circumstances. Victims of these incidents may suffer broken bones, head trauma, or psychological damage.
Orange County police misconduct lawyers investigate police brutality cases by reviewing body camera footage, police reports, and eyewitness testimony. We work with professionals in law enforcement standards to expose violations and hold officers accountable.
Wrongful or False Arrest
A false arrest occurs when a police officer arrests someone without a valid warrant or probable cause. This violation of your Fourth Amendment rights may lead to serious emotional harm, in addition to an impact on your reputation.
Examples include:
- Arresting someone based on mistaken identity
- Relying on fabricated evidence or false statements
- Arresting someone for exercising free speech
- Detaining someone without a valid legal justification
Even if you were released or the charges were dropped, you may still have a valid false arrest claim. Greg Peacock Law can help determine whether your detention violated Orange County misconduct laws. Then, we’ll pursue a civil rights claim for damages.
Illegal Search and Seizure
The Fourth Amendment protects you from unreasonable searches and seizures. Police must have probable cause, consent, or a valid warrant. Evidence obtained through an illegal search may be suppressed. The officers could also face civil liability.
If police violated your privacy or seized evidence unlawfully, Greg Peacock Law fights to have this evidence excluded and hold these parties responsible.
Police Dog Bite Claim
Police K-9 units are trained to assist law enforcement officers. This includes specific attack tactics, so the injuries they cause can be catastrophic to the victims. Injuries can include serious lacerations, nerve damage, and even severe infections.
You may be able to file a claim if the police dog was deployed:
- Without warning or justification
- Against you while you were surrendering or already in handcuffs
- In an arrest involving mistaken identity
- With excessive force beyond lawful necessity
The team at Greg Peacock Law investigates the case to determine whether the officer’s use of the K-9 went against department policies.
Civil Rights Violations
Police misconduct can go beyond physical violence. It can also include civil rights violations, such as discrimination, retaliation, or harassment. This generally involves certain protected characteristics, including race, gender, religion, and political expression.
For example, civil rights violations can include:
- Racial profiling
- Retaliation for filming officers
- Violations of freedom of speech or assembly
- Denial of medical care during detention
We tirelessly fight against this abuse of power and demand justice for victims of these civil rights violations.
Excessive Force Resulting in Death
When police misconduct results in death, the surviving family may pursue a wrongful death claim. Our legal team represents families with claims, such as fatal shootings, chokeholds and restraints, and negligence or reckless behavior by officers.
We seek justice for your loved one by pursuing maximum compensation to cover their previous medical expenses, funeral costs, and lost income.
Why You Should Choose Greg Peacock Law
Police departments usually have strong teams of attorneys dedicated to defending against misconduct claims. That’s why having a skilled Orange County police misconduct lawyer on your side is essential for a successful case.
Greg Peacock Law works to protect your rights under California and federal law. We handle all communication with police departments and insurers and file timely claims that meet deadlines. Our team also works quickly to gather evidence before it disappears.
Our goal is to ensure your voice is heard and that those responsible for abusing their power are brought to justice.
FAQs About Orange County, CA Police Misconduct Laws
What Is the Average Settlement for Police Misconduct?
The average settlement for police misconduct varies by the severity of the violation, whether injuries occurred, and the jurisdiction. Serious cases that involved physical harm, false imprisonment, and civil rights violations tend to settle for more. A case’s success lies in the strength of the evidence. Police department liability and the plaintiff’s losses can also influence the outcome of the case.
Can I Sue for Police Misconduct?
Yes, you can file a legal claim for police misconduct. For this to happen, the officer would have had to violate your Constitutional rights through an action like excessive force, false arrest, racial profiling, or illegal searches. A successful claim would show that the officer acted unlawfully and caused harm as a result. You may be able to receive compensation for physical injuries, lost wages, and emotional distress.
How Do You Prove Police Misconduct?
To prove police misconduct, you must present strong evidence showing that an officer acted unlawfully or violated your rights. Evidence could include camera footage, witness statements, medical records, and police reports. Be sure to document any injuries, inconsistencies in reports, or proof of excessive force. Police departments have certain protections in place against these types of claims, which is why it’s imperative to have strong legal representation on your side.
What Types of Behavior Might Be Considered Abuse of Police Authority?
Abuse of police authority happens when officers misuse their power in violation of the law or the person’s rights. This could include excessive force, false arrest, and planting evidence on the accused. Such abuse undermines public trust and violates constitutional amendments. Victims can pursue a civil claim to hold law enforcement accountable for their actions.
Who Investigates Police Misconduct?
Police misconduct is usually investigated by the internal affairs division within the officer’s department. A serious case may be reviewed by an external body, however. This could include civilian oversight boards, state attorneys general, or federal agencies, such as the U.S. Department of Justice’s Civil Rights Division or the FBI. A complaint could be filed directly with these agencies, or you can go straight to filing a civil claim against the law enforcement officer.
Hire a Police Misconduct Lawyer in Orange County, CA
Dealing with police misconduct can be overwhelming. You may not know where to start to get justice or how to tackle law enforcement’s aggressive legal team.
That’s where Greg Peacock Law can help. Our firm serves clients throughout Orange County and across Southern California. We provide aggressive representation for victims of police misconduct and civil rights violations.
Contact us today to schedule a consultation and hire a police misconduct lawyer. We’re ready to advocate for you against injustice.
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