Obstacles to Filing a Civil Suit Against the Police

Maverick Ray Law
April 6, 2023

Understanding Your Rights If You Were the Victim of Police Misconduct

If you were the victim of police misconduct or brutality you might be entitled to compensation, however, it can be challenging to sue the police. There are often several obstacles to filing a civil lawsuit against a police department. The best way to ensure that you get the justice you deserve is by hiring an experienced police brutality attorney.

At Maverick Ray & Associates, we provide aggressive, experienced representation for individuals who have been harmed due to police misconduct. Our lawyers will fight to protect your rights and to obtain the outcome you deserve. If you were the victim of police brutality in Houston or the surrounding areas, contact our office at (281) 346-9451 to schedule a free consultation.

Can I Sue the Police for Misconduct?

If your rights were violated by a law enforcement officer, you might be able to file a civil lawsuit against the police department. However, suing the police can be difficult and should be handled by an attorney.

Common reasons individuals file a lawsuit against a police department:

  • Harassment
  • Use of excessive force
  • Unlawful arrest or detainment
  • Withholding evidence
  • Sexual assault or misconduct
  • False imprisonment
  • Failure to render aid

Police brutality or misconduct claims are often complex, requiring in-depth knowledge of the law. Without the help of an attorney, you might not be able to hold parties accountable for their wrongdoing.

What Are the Obstacles to Filing a Lawsuit Against the Police?

There are several obstacles to filing a civil lawsuit against a police or sheriff’s department. First, all cases are subject to a statute of limitations. Failure to file a claim within the state or federal legal deadline could result in it being dismissed. For instance, some matters brought under the Texas Tort Claims Act must be filed in as little as 45 days.

Another obstacle for many people is that law enforcement officers are generally protected from liability in many cases unless a person’s rights were clearly violated. Proving misconduct can be extremely difficult without clear and convincing evidence.

Finally, individuals filing a lawsuit against a police department may face certain limitations on damages, particularly if the lawsuit has to be filed against the municipality.

Do I Need an Attorney?

Due to the complexity of these cases, it is in your best interest to consult an attorney as early in the process as possible. A lawyer can help you understand your rights and determine all of your legal options.

It is important to know that many police misconduct cases go unreported out of fear of retaliation or the simple assumption that officers will not be held accountable. By coming forward, you can help stop police abuse and mistreatment.

Did the Police Violate Your Rights? Contact Our Office Today.

If the police violated your rights, contact our office at (281) 346-9451 to schedule a free, no-obligation consultation. Let our lawyers help you get the results you deserve. Do not wait. You have a limited amount of time to file a claim against the police. Call now to get started.