Police officer making an arrest, escorting a young man in handcuffs toward the back seat of his police car, at night.

Can You Sue for Police Brutality or Misconduct? Yes!

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By Yosi Yahoudai
Founder and Managing Partner

Law enforcement officers have a dangerous job, and they do incredible work to keep our communities safe. The men and women on the front lines of fighting crime deserve the utmost respect and our gratitude for the difficult and necessary actions they must take every day. While the overwhelming majority of police officers are professionals who treat citizens with respect, there are unfortunately some law enforcement officers who do not bring honor to the blue uniform.

It seems like police brutality, misconduct, and officer involved shootings are always in the news. In a post-Ferguson era, we are still having conversations about when and how police cross the line into abuse of power. Unfortunately, this is because some officers continue to treat citizens with unnecessary and unwarranted brutality, engage in corrupt acts that put innocent citizens in legal peril, or even shoot citizens in response to little or no provocation.

When this happens, what can victims or their surviving loved ones do? While we all want to believe that our criminal justice system sorts out right and wrong, we know the reality is far from that. Skilled criminal defense attorneys will stop at nothing to assassinate a victim’s character and make it seem as though the police officer had “no choice” other than to act the way they did. Unfortunately, these tactics often work on criminal juries, and victims and their loved ones emerge re-victimized.

There is another option for victims of police brutality, misconduct, or for survivors of officer involved shootings: filing a civil lawsuit.

A civil lawsuit does not carry the same standard of proof as a criminal case. Instead of focusing on whether there is any possibility that an officer was in reasonable fear for their safety, juries get to focus on whether the officer’s actions satisfied certain civil lawsuit elements. Oftentimes, even when a criminal jury has acquitted an officer, a civil jury will find that a victim or their family deserve compensation for the officer’s wrongdoing.

If you are considering bringing a personal injury or wrongful death civil suit against a law enforcement officer, you need to make sure you hire an attorney with experience who can stand the pressure. At J&Y Law, we have extensive experience helping victims of heinous crimes file civil lawsuits against their attackers, whether or not they have successfully filed or won a companion criminal case. We know all the tricks that opposing counsel use and all the arguments they will use to try to make their clients seem like the “good guy.” A J&Y Law attorney will aggressively push back against any assertion that you somehow “deserved” the egregious and unprofessional harm you suffered at the hands of law enforcement.

If you have been attacked or brutalized by a police officer, have otherwise suffered as a result of police misconduct, or if you are the survivor of a loved one who was unjustly killed by law enforcement, contact J&Y Law today. Most law enforcement are good, but that does not grant a pass to those who abuse their power in such egregious ways. Our attorneys are ready to talk with you about your options and help you get the compensation you deserve.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.