How Do You Sue A Police Department For The Violation Of Constitutional Rights?
The U.S. Constitution affords all citizens certain rights and privileges. Among those rights and privileges are a number of rights that directly relate to police conduct during investigations, questioning and arrest. Title 42 of the United States Code makes it unlawful for law enforcement officers acting under state authority to deprive anyone of her constitutional rights. If you believe a law enforcement officer has violated your constitutional rights, you may have the basis for a civil lawsuit. Read Title 42, Section 1983, of the United States Code (see Resources) to educate yourself regarding the legal foundation for most lawsuits stemming from police misconduct. Most lawsuits against a police department or police officer allege a violation of this section of the United States Code for false arrest, malicious prosecution, excessive force or failure to intervene. Exhaust all administrative remedies required by law before you prepare a lawsuit. Most state laws provide for administrati
