Experienced Police Misconduct And Civil Rights Lawyers
We respect and need the services of our hardworking members of the Los Angeles Police Department (LAPD), Los Angeles County Sheriff’s Department, Glendale Police Department, Pasadena Police Department, Torrance Police Department and the Long Beach Police Department.
We firmly believe the criminal justice system is set up to protect our communities from harm but sometimes, law enforcement officers make mistakes or overstep their legal boundaries. When they do, they should be held responsible for their wrongdoing.
Abuse Of Power Needs To Be Met With Accountability
At McMurray Henriks, LLP, our lawyers have a long history of successfully handling cases involving civil rights violations and police misconduct. Defense attorney Randy H. McMurray has first-hand experience with what abuse of power looks like. It is what made him become a lawyer.
One evening in Los Angeles, Randy H. McMurray was driving with friends when they were stopped by a police officer for a traffic violation. During the stop, McMurray was forcibly thrown to the ground and punched in the back. At his trial, he had an inexperienced alternate public defender who was nervous about facing the judge and jury. This lawyer told Mr. McMurray to plead guilty, even though the charges against him – resisting arrest and fighting with the police – were not true.
McMurray recalls, “I didn’t do any of it. It was completely fabricated.” This unjust experience was his motivation to become the lawyer he is today. He decided after that experience he would never put himself in a position where he had to depend on somebody else to defend himself. He was also set on helping others who were at risk of receiving inadequate protection of their fundamental rights.
What Counts As Police Misconduct?
Police misconduct are any actions by law enforcement officers or government prosecutors that violate an individuals’ rights and trust in law enforcement, such as:
- Excessive force: The use of force by law enforcement that exceeds what is necessary to subdue a suspect or manage a situation, often resulting in unnecessary injury or harm.
- Shootings: Incidents where law enforcement officers discharge their firearms, particularly in situations where the use of lethal force may have been avoidable.
- False arrest: Detaining an individual without proper legal authority or justification, often violating the person’s constitutional rights.
- False imprisonment: Unlawfully restraining an individual’s freedom of movement without legal justification, effectively holding them against their will.
- Illegal search and seizure: Conducting a search of a person’s property or seizing their belongings without a valid warrant or probable cause, in violation of the Fourth Amendment.
- Police assault or sexual assault: Any form of sexual misconduct or assault committed by law enforcement officers, abusing their position of power and trust.
- Malicious prosecution: Initiating criminal charges against an individual with malice and without probable cause, often to harass or oppress the person.
- Racial profiling and discrimination: Targeting individuals for suspicion of crime based on their race or ethnicity rather than any specific evidence or behavior.
These practices are unjust and can lead to unequal treatment and violations of civil rights. The result in a worst-case scenario is death. Even if the victim of police mistreatment is facing accusations of a crime – valid or not – they still have the right to fair treatment from police and can pursue a police misconduct claim if they were subject to mistreatment. They may also be able to file a personal injury claim for their injuries.
Racial Profiling And Discrimination By Law Enforcement
Racial profiling and discrimination by law enforcement are critical issues in Los Angeles. Racial profiling and discrimination, the practice of targeting individuals for suspicion of crime based on their race or ethnicity, rather than evidence, has been a concern for decades. This practice disproportionately affects minority communities, particularly African Americans and Latinos.
In Los Angeles, instances of racial profiling have led to mistrust between these communities and the police. Studies and reports still show that people of color are more likely to be stopped, searched and arrested by law enforcement compared to their white counterparts. Even when no crime has been committed. This unequal treatment results in a cycle of fear and resentment, further straining police-community relations. Despite efforts to implement changes, such as increased training on implicit bias and the use of body cameras, challenges persist.
At McMurray Henriks, LLP, we fight for fair and equal treatment under the law. We are continually addressing racial profiling and discrimination in our work. We have a strong commitment to systemic change, community engagement and accountability when it comes to racial profiling, discrimination and the use of excessive force.
What Is The Most Common Type Of Police Misconduct?
In Los Angeles County, California, excessive use of force has historically been a significant issue. High-profile cases and reports, such as those involving the Los Angeles Police Department (LAPD), have highlighted concerns about the use of force, particularly in interactions with minority communities.
Our lawyers here at McMurray Henriks, LLP, are continually working to reduce instances of police misconduct not just in the courtroom but also leading through encouraging reforms, oversight and community engagement. We work closely with the Los Angeles Police Commission and the Office of the Inspector General.
Filing A Lawsuit Is Complex
In California, if an individual believes they have been injured due to such misconduct, they can pursue legal action to seek compensation for their injuries. The injured party might also file a civil rights claim under federal law, specifically under Section 1983 of Title 42 of the U.S. Code, which allows individuals to sue for civil rights violations committed by government officials, including police officers.
Pursuing a police misconduct claim in California is complex and time-sensitive. For state claims like false arrest or imprisonment, you must file a notice of claim with the police agency within six months of the incident. This notice signals your intent to sue but is not the lawsuit itself. After filing the notice, you have six months, up to one year from the incident, to start the lawsuit. Missing these deadlines can jeopardize your case. You must act quickly.
Evidence is crucial. Document the incident immediately to capture essential details. Photograph injuries or damage and preserve any stained clothing or objects. These steps can strengthen your case and ensure critical evidence isn’t lost.
Contact McMurray Henriks, LLP, For A Free Consultation Now
Police misconduct can take various forms. The most common types can vary by location and over time. If you or a loved one is suffering the consequences of excessive use of force, racial profiling, corruption or any other type of abuse of authority, contact McMurray Henriks, LLP, in Los Angeles at 323-931-6200 for a free consultation. Our phone line is available any time, day or night.