If you believe that you have been a victim of police brutality, you will likely have been through a traumatic experience, and you may have suffered damages as a result. If you want to take action to assert your rights in Colorado and get justice, it is important that you understand how the law uniquely deals with cases of alleged police brutality.
Police officers have authority when interacting with civilians, and this is part of the reason why allegations of police brutality can be particularly challenging. By focusing on addressing the inherent challenges in a police brutality case, you will be better equipped to make a convincing argument.
Police officers are immune in many cases
One of the biggest challenges in a police brutality claim is the fact that police officers are immune from lawsuits that relate to job performance unless unreasonable conflict can be shown. This means that you will have to provide convincing evidence that the police officer acted unreasonably and intentionally, given the circumstances.
Force is permissible as long as it is not excessive
Another challenge to overcome is to show that the force used was excessive. This is because police officers have the right to use force, even lethal force, when it is appropriate to do so. Ideally, you will be able to show that you cooperated with the police officer's demands at all times yet still suffered excessive force and brutal treatment.
Malicious prosecution can only be claimed if a conviction is not made
If you believe that you were subject to discriminatory or malicious prosecution, you will likely believe that you were singled out by a police officer and treated unfairly. If you want to bring about a legal case to get justice for this, you will first need to have charges dropped. If there was no probable cause for arrest and you can show that the police officer acted with malicious intent toward you, you will likely be successful in making a legal claim.
While taking action against law enforcement officials can be challenging, it is important that you make sure that justice is restored. By fully understanding the law, you will be able to make the choice that is best for your situation.