What to do if You have Been Injured by a Police Officer During an Arrest

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One need not read too deeply in the newspapers or on online social media to understand that we live in uncertain times.  Indeed, the news is replete with stories of police overreach, mistakes, brutality, and excess as the nation reels from disaster to calamity and back again on a broad front ranging from public outcry on race relations, fears fueled by the global public health crises, to a growing distrust in the governing structure of the nation.

Police misconduct is a bellwether for authoritarian predilections, and it was a concern the Founding Fathers nurtured as they crafted the Constitution and The Bill of Rights.  The civil protections enshrined in the fourth, fifth, and sixth amendments guarantee that justice is to be administered in a court of law rather than at the scene of an arrest, the rear of a police cruiser, or in the back of a police holding cell.

To do less is to admit that we have failed the Founding Father’s vision.

Here at CLLB Law, Church, Langdon, Lopp, Banet Law, we reject this submission and will actively pursue any evidence in your case that suggests that you were the victim of excessive force when being arrested.

Qualified Immunity: An Uphill Legal Climb

If you were hurt by police officers while being arrested in Indiana, you should first know that pursuing a civil case is an uphill legal climb thanks to the legal doctrine known as qualified immunity.  Qualified immunity from civil lawsuits means that police officers can’t be sued for anything that they do while performing their official duties.  In fact, unless clear evidence suggests that they willfully violated statutory or constitutionally mandated rights, they can enforce the law as they see fit without fear of being held liable in a civil court.

Further, mere inexperience and incompetence will not be enough to establish liability in an Indiana court house.  That is because plaintiffs in these cases not only have to prove negligence on the part of the officers, but they must also satisfy the following criteria:

  • Prove police actions pushed reasonable bounds of force
  • A reasonable officer would recognize that action violated the US Constitution
  • Their actions infringed on the victim’s civil and constitutional rights, and
  • As a result of these failings the victim suffered injury or damage

Not content with these protections, a recent proposal meandering through Congress would further shield police officers from civil litigation in the wake of improper conduct.

Specifically, the Back the Blue Act would raise the bar even higher by demanding that in addition to the aforementioned legal benchmarks, the plaintiff would need to further prove that injuries sustained, “in the course of, or as a result of, or . . . related to, conduct by the injured party that, more likely than not, constituted a felony or a crime of violence . . . (including any deprivation in the course of arrest or apprehension for, or the investigation, prosecution, or adjudication of, such an offense), the officer would be liable only for out-of-pocket expenses.”

As mentioned, receiving satisfaction if you were the victim of injuries sustained while being placed under arrest is an uphill climb.  Likewise, the proposed Back the Blue Act suggests that that climb is only destined to grow steeper, but that does not mean that it is not a climb worth making.

If you take on the Himalayas you should have the help of a knowledgeable Sherpa guide, but of you are making the more dangerous ascent of civil justice, you will want a qualified team of knowledgeable attorneys such as the team here at CLLB Law.

Call the Criminal Defense Team You Can Trust

The last thing you want to do is leave anything to chance when it comes to your criminal defense, and if you were hurt by police officers while being arrested, or while under their custody, it is even more important that you receive qualified legal representation.  At CLLB Law, Church, Langdon, Lopp, Banet Law, we’re experts in the navigation of criminal law in the Hoosier State.

We’ll sit down with you and discuss all facets of your criminal defense to ensure the best possible legal outcome, while aggressively pursuing an examination the severity and circumstances of your injuries.

Our constitutional rights are the bedrock on which we have built our nation.  Underling these principals in the notion that we are a nation of laws and not men, which means making the actions of errant police officers all the more important.

Regardless of the circumstances led to your being taken into custody, if you were hurt by police officers during the course of an arrest, your civil rights may have been violated.  Here at Church, Langdon, Lopp, Banet Law, we specialize in criminal defense in the state of Indiana, and we will proactively defend your case while investigating any complaints of police overreach and brutality.

We invite you to come in so you can get the answers you need from a qualified business formation attorney at Church, Langdon, Lopp, Banet Law.

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