Police Brutality Lawyers in Dayton, Ohio
No one should ever be above the law, including police officers. Unfortunately, abuses of power and police brutality do sometimes occur. When police officers, sheriffs, prison guards, and other Ohio law enforcement officials fail to live up to the standards of their profession, they must be held accountable for the good of everyone in society. Anyone injured during an encounter with Ohio law enforcement may have cause to file a police brutality lawsuit. At Attorney Michael Wright in Dayton, Ohio, we are committed to the idea that all citizens are equal under the law. Our police brutality lawyers aggressively pursue these lawsuits:
- To obtain compensation for injured victims
- To ensure that appropriate standards for the use of force are followed in the future
Police brutality cases can be extremely difficult to prove and require the help of a law firm with extensive experience and a history of winning these lawsuits. At Attorney Michael Wright, our attorneys aren’t afraid to take on these often controversial cases, and we work aggressively to obtain justice on your behalf. If you or someone you care about were the victim of police brutality, let our attorneys in Dayton fight for you. To learn more about how our firm can help, we urge you to contact us today for a free, no-obligation police brutality lawsuit evaluation.
Filing a Police Brutality or Misconduct Lawsuit in Ohio
Having a badge does not give a police officer the right to use unreasonable or excessive force. Police brutality is a serious form of misconduct that violates your civil rights under the U.S. Constitution. The primary legal tool for victims is a federal law known as 42 U.S.C. § 1983. Enacted as part of the Civil Rights Act of 1871, a Section 1983 claim allows individuals to sue government officials, including police officers, in federal court for depriving them of their constitutional rights.
At Attorney Michael Wright, we believe no instance of misconduct should go unpunished. We have the experience to pursue justice in a wide range of police misconduct cases, including those involving:
- Excessive use of force
- Wrongful police shootings
- Inappropriate use of a taser or pepper spray
- False arrest and wrongful imprisonment
- Malicious prosecution
- Denial of medical care in custody
- Abuse of prisoners’ rights
Other Forms of Police Misconduct
While excessive force is the most visible form of police misconduct, your civil rights can be violated in other ways. Our firm handles a range of cases where law enforcement officers overstep their authority. These include:
- False Arrest and Wrongful Imprisonment: Being arrested and detained without probable cause is a violation of your Fourth Amendment rights.
- Malicious Prosecution: This occurs when an officer initiates a criminal proceeding against you with malice and without probable cause, which is later terminated in your favor.
- Failure to Intervene: Law enforcement officers have a duty to intervene when they witness another officer violating a person’s constitutional rights. If they fail to step in, they can also be held liable for the harm caused.
How Do You Prove a Police Brutality Case in Ohio?
Victims of police brutality are often afraid to come forward, and when they do, their complaints are frequently ignored. We’re used to taking on powerful institutions and won’t be intimidated by those who seek to protect abusive officers. Our police brutality lawyers:
- Understand the complexity of these cases
- Conduct thorough investigations
- Review police reports
- Locate witnesses
- Gain access to video or audio recordings
- Interview involved officers
We’ll determine if departmental policies contributed to the abuse and whether you have a strong case for an Ohio or federal civil rights lawsuit. You can trust Attorney Michael Wright to provide you with an honest assessment of your case and to commit fully to protecting your rights should you decide to proceed with your police brutality lawsuit.
Understanding Qualified Immunity in Ohio
One of the biggest hurdles in a police misconduct lawsuit is a legal doctrine called “qualified immunity.” This doctrine protects government officials from liability in civil lawsuits unless their conduct violates a “clearly established” statutory or constitutional right. In simple terms, for a lawsuit to proceed, we must prove that the officer should have known their actions were illegal based on prior court rulings. While this presents a challenge, it is not an absolute shield for misconduct. The exceptions outlined in Ohio law allow for civil action against an officer when their behavior was malicious, in bad faith, or reckless. Our attorneys are skilled at navigating the complexities of qualified immunity and building cases that demonstrate a clear violation of our clients’ rights.
Contact Our Dayton Police Brutality Lawyers Today For A Free Consultation
If you or a loved one was the victim of police brutality at the hands of an Ohio law enforcement officer, and you’re looking for an Ohio personal injury law firm that will guarantee the caring, personalized, and loyal representation you deserve, please do not hesitate to contact Attorney Michael Wright today. Police brutality lawsuits are subject to strict notification and filing deadlines, so you must act quickly. For a free, no obligation legal evaluation of your case, simply fill out the online form on the right, or give Attorney Michael Wright a call at (937)-222-7477.
Frequently Asked Questions About Police Brutality Cases
Police brutality occurs when law enforcement officers use unnecessary or excessive force when dealing with a member of the public. Such force may include improper use of a stun gun or taser, unjustified shooting, police dog attacks, intentional assaults and related cover-ups, and more. In addition to unnecessary violence during a police encounter, brutality can also include false arrest, sexual assault, verbal abuse, abuse of prison inmates, or other misconduct.
Anyone can be a victim. Brutality happens to all races, genders, sexual orientations, ages, and more. Even children have been victims of police brutality.
If you have tragically lost a loved one due to unlawful and unjustified force by police or prison guards, you have the legal right to recover by filing a wrongful death lawsuit in civil court. Ohio Wrongful Death laws allow a parent, child, or spouse of a deceased victim to recover for their losses.
Like other types of injury-related cases, there are certain steps that you should take to increase your chances of recovery in a legal claim. If possible, you should obtain the names and contact information of anyone who witnessed the incident. Also, you should write down your version of events as soon as possible so you do not forget any important details. Next, take photos of any visible signs of injuries you sustained, such as contusions or lacerations. Make sure to undergo a full medical evaluation as soon as possible so a medical professional can officially document all injuries in your medical records. All of this can serve as evidence to help prove your police brutality claim.
Finally, you should always contact an attorney who has experience with police brutality and misconduct cases. Taking on a police officer or department in court is not a simple task, and it is important to be represented by a lawyer who understands the legal issues involved in this type of claim. If you or a loved one has been the victims of police brutality, please call Attorney Michael Wright at 937-222-7477 for assistance today.
Like other types of personal injury cases, claims for police brutality are filed in civil court. You may file your claim in state court or in federal court under 42 U.S. Code § 1983, which provides relief for the violation of your civil rights.
The timeline for a police brutality lawsuit can vary significantly. Simple cases with clear evidence might settle in a matter of months. However, more complex cases that go to trial can take one to two years or even longer to resolve, depending on court schedules and the complexity of the legal issues involved.
Typically, the municipality, city, or county that employs the police officer pays for settlements and judgments. These payments usually come from the government’s general budget or a self-insurance fund, not from the individual officer’s pocket, although the officer can be held personally liable for punitive damages.
To prove emotional distress, you can use testimony from yourself, friends, and family about changes in your behavior or mental state. Medical records from therapists, psychologists, or psychiatrists are also powerful evidence. A journal documenting your feelings, anxiety, and sleep disturbances can also support your claim.
Attorney Michael Wright
- (937) 222-7477 (Call or Text)
- (937) 222-7911 (Fax)
- 130 W. Second St. Suite 1600 Dayton, OH 45402