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As kids, we were taught that police officers were the “good guys” that we could rely upon for help in a time of need. However, distrust of law enforcement has grown in recent years as more stories of law enforcement officers abusing their power and others’ civil rights have emerged. Situations where victims like you are left hurt or missing a family member due to their wrongful death following a police interaction gone bad can file suit against the responsible parties. A Charleston police brutality lawyer on our team can help. Call or email for a free consultation now.
Each of us has civil rights bestowed upon us by the U.S. Constitution. There’s also the West Virginia Constitution, which, among other things, states that “no person shall be deprived of life, liberty, or property, without due process of law, and the judgment of his peers.” What about situations where public safety officers or police officers abuse their power and violate your rights, though? That’s precisely what police brutality or misconduct is.
There are many different examples of police brutality, some of which can involve emotional or sexual abuse and physical violence being inflicted upon a victim as part of the deprivation of their rights. Law enforcement misconduct can also take the form of abusing power on a decision-making level, such as trying to undermine or control the legislative process.
In short, anything that seems like inequitable or inappropriate treatment by law enforcement may rise to the level of misconduct or brutality. So, if you are concerned about how the police treated you, contact our law firm to discuss what happened and whether you have a viable civil case.
There are multiple law enforcement agencies in or around West Virginia’s capital city that may engage in misconduct, warranting a potential internal investigation and filing of a lawsuit, including the following:
Additionally, smaller cities, towns, incorporated areas, and institutions of higher education within our area may operate their own police forces. One example is the University of Charleston Department of Public Safety.
The WV State Police operates in or around Charleston as well, especially on our city’s main highways and interstates. And, because we are talking about our state’s capital, other state and federal agencies may patrol the area in marked or unmarked vehicles.
Really, any member of a police force or law enforcement agency may face accusations of engaging in abusing power or violating the rights of civilians or fellow officers, including:
Essentially, no matter which law enforcement officer you list, whether it’s a local, state, or federal, any of them can ill-treat others or engage in unlawful activities for which they may face misconduct allegations. And, each Charleston police brutality lawyer on our team can support you in holding them accountable for their illicit actions.
As with most legal matters, the steps you take following an incident are critical to the outcome of your case. You should, therefore, take the following steps following any mistreatment from law enforcement:
It’s hard to do much besides focus on survival when you’re being ill-treated by law enforcement. However, sometimes, because of how traumatic situations like those are, it’s easy to remember verbatim what transpired and who said what. It’s, therefore, important to document what occurred leading up to, during, and after your interaction with police as soon as possible after it happens to ensure you note everything correctly—including the name and badge number of the officer who engaged in misconduct.
Another step you should take right away after you’re subjected to police brutality is to gather any evidence that corroborates your story of what happened, which may include eyewitness accounts, photographs of your injuries, or videos that show what happened.
Also, getting immediate medical attention is critical. When asked about the onset of your injuries, you should provide your health care providers with a broad overview of what happened without going into all of the details. This includes seeking out a therapist if you’re experiencing emotional or psychological systems that may indicate that you have anxiety, post-traumatic stress disorder, or something else. Be sure to follow your counselor or doctor’s treatment plan to ensure the best chances of recovery.
You should also find legal counsel that can help you instead of taking matters into your own hands when filing a complaint with the offending police department or filing a civil suit.
As you can imagine, going up against the police is challenging. There’s a “blue code” that binds law enforcement officers together, making them unwilling to report on each other (if a fellow officer noticed something). And victims often fear retribution from law enforcement if they make allegations.
As far as fear of law enforcement officers taking some form of reprisal if you report their misconduct, a big concern is the potential for them to band together and put forth a falsified story about what happened to avoid jeopardizing their job and exposing themselves to legal liability in the form of criminal prosecution or civil penalties. And as part of this, there’s the concern that those responsible for impropriety may destroy evidence.
It’s for the reasons above that our experienced lawyers at Forbes Law Offices discourage victims of police brutality or misconduct from going straight to the police and reporting the adverse treatment they endured. Doing so can affect their ability to build a strong case that allows them to recover a settlement. Instead, let one of our experienced attorneys advise you of your rights and how to best protect them, so if you are eligible for financial recovery, you’ll know what to say and do (and to whom) to ensure the best possible offer in your case. We can start this process during your free initial consultation with our legal team.
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