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  1. #1

    Default Can I Prove Police Brutality

    My question involves court procedures for the state of: Illinois and I was wondering, the problem started, I was apparently resisting arrest (tensing my arms) and was thrown to the ground and hit with wands and my face was shoved into my hood and was being suffocated and last thing that happened I was hit in the back of the head with a mag light. I have a witness and she wrote a complaint the night it happened. Recently subpoena pictures that were taken at the intake of the jail of my head (baseball sized contusion still red and had just gotten a haircut that day so very visible I was struck) and extremely swollen and bloodied wrists from the handcuffs being on so tight and the officers bending them in ways they don't go. *I have physical evidence and a witness that explained in detail(which happened to be the person that got me in the mess that night in the first place so I guess you could say the enemy filed the complaint not a friend and she is willing to testify against the officers also)----->How are my odds of filing a lawsuit on the county and winning?

  2. #2
    Join Date
    Feb 2010
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    CT & IL
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    5,273

    Default Re: Can I Prove Police Brutality

    Any arrest (police or citizen) allows for the use of force. Shooting someone can be OK. I don't see your case resulting in favorable verdict. Google scholar the issue. Illinois gives great latitude in this cases to the police.

  3. #3
    Join Date
    Mar 2011
    Location
    California
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    540

    Default Re: Can I Prove Police Brutality

    Quote Quoting Wanting Justice
    How are my odds of filing a lawsuit on the county and winning?
    To win a lawsuit against the county may be very difficult. Were the officers employees of the county (e.g., deputy sheriffs)? If not, zero chance. If so, you would have to prove the sheriff's department either had policies encouraging such behavior, or negligently allowed a pattern of such behavior to continue.

    Similarly, if the officers were police officers employed by a town or city, you would have to prove the Police Department had such policies or negligence.

    It seems far more relevant to go after each officer who brutalized you. You have several choices.

    A common route is to aim to sue under 42 USC 1983, which allows people to sue officers and others for deprivation of federal or constitutional rights. The first step along this route (other than raising money and hiring an attorney) is to first seek administrative damages. If those are denied, then you are allowed to sue under 42 USC 1983.

    I think you ought to be able to sue them directly for the tort of battery. I have not heard of this being done, but I do not see why officers nominally performing their duty ought to be exempt from such suits.

    You certainly can ask the D.A. or grand jury to press criminal charges of battery against the officers. I read of one case in California where the incident commander was charged with manslaughter after police killed someone.

    You can also file a formal complaint against them through the police department. Depending on the particular police department, the officers may be punished between a range of severely to not at all.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,769

    Default Re: Can I Prove Police Brutality

    with what you have given, absolutely no way to tell. What the police say about the situation will mean a lot. Based only on what you said, it sounds like it was likely excessive force but again, that is your point and without the police' version.

  5. #5
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Can I Prove Police Brutality

    Quote Quoting jk
    Based only on what you said, ...
    That is always true for any original post.

    I find it simpler to just base my answer on what was said.

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