The Eighth Amendment prohibits cruel and unusual punishment. Were you beaten during or after the arrest? Were you tormented while in custody? Were you left in pain?
Earlier this year, the New Jersey state attorney general’s office released the names of 200 police officers punished for major misconduct during the second half of 2020. It was an unprecedented move and hailed as a step towards police transparency, but a closer look at the list shows that it’s just a drop in the ocean. Many of the officers on the list were reprimanded for things that have nothing to do with the real issue, which is police brutality. For instance, some officers were reprimanded for being late for work. Another called in sick to go to a party. What’s that got to do with police brutality?
If you were a victim of excessive force use by a police agent or were illegally detained, your only hope is to contact a skilled New Jersey police brutality lawyer.
Many times police officers stepping outside the law are betting on one thing – that you don’t know your rights and who to turn to.
What are your rights? Or, better said, your civil rights? For instance, the Fourth Amendment protects you against illegal searches and seizures. Were you stopped by the police without due cause? It’s mostly racial minorities members who are subjected to illegal, totally random searches, but no one is immune to police misconduct. If that is the case with you, an experienced Newark police brutality lawyer can help you file a complaint.
If you were wrongfully arrested, the police used false evidence or forced a confession out of you, you need to reach out to a reliable criminal defense lawyer. Coerced confessions are not admissible in court so your lawyer will have it thrown out. If that’s all the prosecution has against you, there’s a good chance you’ll walk free.
Also, the Eighth Amendment prohibits cruel and unusual punishment. Were you beaten during or after the arrest? Were you tormented while in custody? Were you left in pain? Did they refuse to provide medical assistance for your injuries or for any other medical condition that you might be suffering from? These are all violations of the Eighth Amendment and you need to do something about that.
You’ll need a seasoned police brutality lawyer, because, although your rights are protected under the Constitution, finding justice is a very complex and quite confusing process.
First of all, your attorney will review your case to decide who you should file a complaint with. You can file a civil complaint against the police agents that acted unlawfully, or you could have a case against the police department. To file a complaint against the police department your lawyers will have to prove that the officers did not receive proper training or their actions were not duly monitored. Also, if the police department failed to enforce policies to prevent police brutality, it can be held accountable for any injuries or trauma you suffered.
At the same time, you could pursue a federal case under Title 42 of the civil rights law, which is known as Section 1983 action. Your lawyer will make sure those responsible will be punished and you’ll get the damages you deserve.