Can I file a police brutality claim directly against the police department?
It depends on the circumstances. If your Federal or State constitutional rights have been violated, you can file a lawsuit against the officers who violated your rights. The State, County or City that employs the officer will usually defend and pay the settlement or verdict. If there has been a constitutional violation to which the police department’s policies, procedures, or practices contributed, you can sue the State, County or City directly. To determine the type of claim you have, and against whom it can be filed, contact Oliveri & Schwartz, P.C. for your free case evaluation.