The police hurt you or killed your loved one. You want the officer responsible for your injuries to be held accountable. However, your injuries do not prove that the officer broke the law or that you were the victim of police brutality.
To recover damages, hold the police accountable, and discourage further incidents of police brutality, you need to prove that the police violated the law when they hurt you or killed your loved one.
Successful Police Brutality Cases
In a successful police brutality lawsuit, you must:
- Figure out if the police acted with excessive force. Police officers may use force to control a situation or to take someone into custody, but they may not use excessive force. In a police brutality case, you must prove that the officer acted with more force than reasonably necessary. All of the details of a situation must be considered before deciding whether an officer responded with reasonable force, including things such as whether the police officer reasonably thought there was imminent danger, whether the person was armed, and whether the police officer tried less forceful means before using excessive force.
- Gather evidence. If it is your word against the word of a uniformed police officer, then it can be very challenging to win your case in court. However, if you have convincing evidence to support your claim that the officer used excessive force, then your case is more likely to succeed. Evidence could include witness statements, video recordings, and medical records, for example.
- Prove your case by a preponderance of the evidence. Police brutality cases are civil cases, not criminal cases. That means that you do not have to prove a police officer’s guilt beyond a reasonable doubt. Instead, you have to prove your case by preponderance of the evidence. In other words, you have to prove that it is more likely than not that you suffered injuries because of a police officer’s use of excessive force.
- Get over the sovereign immunity hurdle. Cases against police officers or other government officials are difficult because of a doctrine known as sovereign immunity. Sovereign immunity protects police officers, and the government, from being sued for negligence. However, sovereign immunity is not absolute, and a police officer may be sued if you can prove that the officer acted willfully or violated your constitutional rights.
Right now, all of this information may seem overwhelming, but it is possible to bring a successful police brutality case in Iowa, and it is important to do so if you have been the victim of excessive force by the police.
Talk to a Police Brutality Lawyer Before it Is Too Late
Your time to file a police brutality lawsuit is limited by Iowa law. Take your first step now to protect your recovery and hold the police officer accountable by contacting an experienced police brutality lawyer who will fight hard for you.
Hupy and Abraham lawyers will:
- Listen. We want to hear your story, and we will not dismiss you or assume that the police officer was right just because that person is a police officer.
- Investigate. We will thoroughly investigate your case. We will talk to potential witnesses, obtain and review video footage, and make sure that all physical evidence is preserved.
- Advocate. If you were hurt by police brutality, then we will use our extensive legal experience and advocacy skills to fight hard to get you damages in your police brutality case. We will negotiate with the government to try to obtain a fair settlement, and we won’t hesitate to go to court if the government is unwilling to compensate you fairly for your injuries.
We are here for you 24/7/365. Call us, or start a live chat with us, to schedule a free consultation about your rights. Together, we can protect your possible recovery, hold the police officer who did this to you accountable, and protect the integrity of our police departments.