Federal Civil Rights

Overview

Local police agencies and various governmental departments have the authority to arrest and charge individuals and businesses for public offenses.  These offenses are governed by provisions of California law under the Penal Code, Business & Professions Code, the Health & Safety Code, the Welfare & Institutions Code, and a great deal of other laws.
While enforcing those law, however, police agencies can overstep their authority and violate the civil rights of individuals and businesses.  This is referred to as: “Police Misconduct” or violations of “Civil Rights.”

Many of these rights overlap and some tend to sound similar to others.  Therefore, it is advised that the viewer first obtain some information from sites such as this one to become familiar in the terms and legal concepts.  However afterward, it is best to consult with a licensed attorney that can discuss your legal issues at length.

For greater detail, or for a closer investigation and assessment of your case, we encourage you to contact our office.

Excessive Force

Injured by Police during your Arrest? Police brutality or “excessive force” are serious topics. Your injury could be even the slightest scratch or bruise, but if it was committed against you illegally, you may have a civil rights claim against the officers who hurt you. What kinds of force can be excessive? The following are...

Illegal Detention

Illegally Detained/Arrested by Police? Being detained by an officer for the wrong reason may violate your civil rights under the Fourth Amendment. This is sometimes called a False Imprisonment. The law that covers illegal detentions is riddled with complexity. Here are some of the more usual scenarios: Pat Down Where an officer has no basis...

Invasion of Privacy

Police Invade your Privacy or Civil Rights? Your privacy rights can be violated in many ways—many of which you may not even be aware of. Under specific circumstances, such invasions are civil rights violations. Illegal Home Search A search or seizure that violates the Fourth Amendment will allow you to sue the police under the...

Malicious Prosecution

Manufacturing evidence or knowingly using it through perjured testimony in court in order to obtain a wrongful conviction against someone violates the Due Process clause of the Constitution, and thus constitutes malicious prosecution.  While that is only one example, there are several instances where an officer or a private individual can deny someone’s right to...

Police Dog Shootings

It is unfortunate that in many police officer involved shootings (OIS), many victims are those that do not have a voice. It is estimated that in more than 50% of incidences where officers pull the trigger, it involves the shooting of a household pet–namely dogs. Fortunately, the Ninth Circuit supports the legal right to sue...

Resisting Arrest

Charged with “Resisting Arrest?” Being charged with resisting arrest (Penal Code §148(a)) may be a sign that your civil rights have been violated, and now you have to fight a criminal charge—which further frustrates your rights. Read below for some basic information related to this criminal offense. It may uncover much more serious issues that...