Police Brutality and Misconduct

Have you been hurt due to police brutality or misconduct?

Your civil rights should be protected against excessive force in an arrest. We can help you pursue accountability, justice, and compensation for the harms you may have endured.

Police Brutality Lawyers and Police Misconduct Lawyers in North and South Carolina

While most police officers uphold the law properly and professionally, some use their power to hurt others. When a police officer abuses their authority by committing acts of police brutality or police misconduct, they should be held accountable – and we can help you fight back for the harms you may have suffered.

If an officer violated your civil rights, contact the police brutality lawyers and police misconduct lawyers at James Scott Farrin today at 1-866-900-7078. We can help you – your case evaluation is free and there is no obligation.

Police Brutality and Your Civil Rights

Police brutality is when an officer uses such excessive force to control a situation or make an arrest that it becomes a violation of your civil rights. The results of police brutality often include severe injury and death.

Police brutality may include the following:

Excessive Force

Gold icon of hand cuffs and a police baton.Excessive force is police battery. It occurs when police use unnecessary physical violence, such as beating, tasing, or shooting someone during an arrest. Another common example is when an officer excessively slams or drags a handcuffed person.

In one Asheville, North Carolina case, a police officer punched, choked, and shocked a Black resident of one of the city’s poorest neighborhoods during a stop for jaywalking. After body camera footage of the police brutality incident was leaked, the resulting uproar led to reforms including a unique officer misconduct agreement in Buncombe County. Unfortunately, many incidents like this go unreported or are swept under the rug.

Police Shootings

Gold icon of a handgun.Police shootings are excessive force if they result in a person’s unnecessary injury or death. Police shoot and kill an average of more than 1,000 people every year.

Wrongful Death by Police

Gold icon of a grave stone with RIP written on it.Wrongful death can be committed by police in several ways, such as by shooting, choking, or beating a person being arrested. Wrongful death can also result from inaction, such as denying emergency medical care to someone who’s fallen seriously ill in custody.

What Is Police Misconduct?

Police misconduct may take the form of racial discrimination, harassment, and abuse of power such as:

  • fabrication of evidence
  • committing perjury
  • search or seizure without probable cause
  • wrongful arrest
  • and other civil rights violations

Unfortunately, police misconduct in North and South Carolina happens.

In Wilmington, North Carolina, three police officers were fired after having inadvertently recorded themselves making racist and threatening remarks about Black people. Many of the cases they worked on were later thrown out due to their misconduct.

In Greenville, South Carolina, an investigation found that several county deputies involved in multiple shootings had extensive misconduct records but were given raises, promotions, and positive evaluations anyway.

This kind of misconduct can result in devastating, lifelong consequences for victims.

Police misconduct can include:

Violations of Your Miranda Rights

Miranda rights are the rights a person possesses while in custody. Police officers are obligated to inform people being arrested of their Miranda rights and honor these rights.

Your Miranda rights include the right to:

  • Remain silent
  • An attorney
  • Know that anything you say can and will be used against you
  • Not answer questions or stop answering questions at any time
  • Know that you’re being interrogated by law enforcement

When police ignore or violate any of these rights while you or a loved one are in their custody, it may be a violation of your civil rights. If you’re the victim of police misconduct, contact a police misconduct lawyer right away for help.

Wrongful Arrest

Wrongful arrest occurs when you’ve been arrested or detained without a valid legal reason, and it is a violation of your 4th Amendment protections under the Constitution.

A former Raleigh police officer was fired and arrested after committing police misconduct by framing Black people in a string of wrongful arrests for false drug charges. Some victims spent time in jail and had their property destroyed in illegal searches. All charges were eventually dropped, and the officer was sentenced to only 38 days in jail.

A list of examples of police misconduct, with a police officer holding a baton.

Holding Police and Municipalities Accountable for Police Misconduct and Brutality

There are several ways to pursue justice if your civil rights have been violated due to police misconduct or police brutality. Among them are Section 1983 Claims and Monell Claims:

Section 1983 Claims

Section 1983 claims allow you to sue police officers and government officials for civil rights violations such as fabricating evidence or wrongful arrest. It is a powerful tool for seeking justice and trying to achieve police accountability.

Monell Claims

Monell claims can arise when a government entity, such as a police department, plays a role in violating your rights due to its policies, practices, or culture. If you establish a Monell claim, you can hold the government liable for the civil rights violations committed by its police officers.

In Myrtle Beach, South Carolina, police rammed down a man’s front door and immediately opened fire during a no-knock drug raid, hitting him nine times and causing severe and permanent injuries. The man sued the city with a Monell Claim and won a settlement.

Damages You Can Pursue for a Violation of Your Civil Rights

If your civil rights are violated by police, you may be entitled to significant compensation, including damages for:

  • Physical pain and suffering, disability, disfigurement, discomfort, or permanent injuries
  • Emotional and mental harm and anguish
  • Medical expenses – present and future
  • Damaged or destroyed property
  • Lost wages – present and future
  • Punitive damages to prevent this conduct from happening again
  • Loss of society and companionship
  • Loss of enjoyment of life
  • Any other damages warranted by the evidence and permitted under the law

Contact the Civil Rights Lawyers at James Scott Farrin

The attorneys at James Scott Farrin are dedicated to fighting for justice. Our civil rights team believes in helping those who’ve had their civil rights violated due to police brutality and police misconduct.

To help you seek justice, we work on a contingency fee basis. That means we advance all costs to fight your case, and you pay no attorney’s fee at all if we don’t recover compensation for you. Guaranteed.2

We know how to take on the government and win: we led a team of firms in one of the largest civil rights cases in U.S. history, called the Black farmers case. We reached a $1.25 billion settlement on behalf of more than 15,000 Black farmers after years of discrimination by the federal government.1,3

We always put our clients first and our results speak for themselves.

7,000+ people rate us 5 stars

We help those whose rights have been violated, and we can help you, too. Contact one of our local offices or call today at 1-866-900-7078 for kindness, assistance, and a free professional opinion on your case.

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