JULY 22, 2025 – Did you know that in 2024, about one in five people killed by police exhibited signs of mental illness? Police use of force, including less-lethal options like stun guns, remains a common occurrence, with millions of encounters each year.
Young adults (18-24) are particularly likely to experience police contact and use of force. Police misconduct happens when a police officer behaves in a way that is unfair, illegal, or goes against their duty to protect people.
According to police brutality lawyer Christopher J. McCann, police brutality is a violation of your rights. After experiencing police brutality, you should seek justice by getting legal representation from a police brutality attorney.
Let’s find out how to start a lawsuit and what to expect along the way.
Understanding Police Misconduct and Your Rights
Familiarizing yourself with your rights when dealing with improper behavior by an official helps establish a strong defense. You have the right to a good measure of respect and decency. Do not hesitate to exercise that right.
When you believe you have been targeted or victimized in any way, do so with the utmost care in documenting the happening. Make notes of what took place, get the names of witnesses, and obtain either still pictures or video recordings that help prove your case.
There are internal complaint procedures at the police department or maybe an outside oversight authority where you could submit the complaint. When an individual allies with organizations in the community, the individual will have both moral and legal support.
Awareness of human rights and a feeling of belonging to the community where wrongdoing is punished will encourage potential witnesses to oppose these perpetrators. Reporting police misconduct is important and could potentially benefit an entire community.
Legal Grounds for Filing a Lawsuit
You need to have a legal basis for filing a lawsuit. Federal laws permit individuals to sue for damages under section 1983 of the Civil Rights Act in cases of infringement of constitutional rights. For example, police misconduct could occur if excessive force is employed, in a false arrest, or in an unlawful search and seizure.
Depending upon the facts of the matter, you may have claims properly stated under state law for assault, battery, or negligence. It must also be understood that there are cases where the police have the benefit of qualified immunity, which prevents them from being sued unless a defendant’s rights were violated and a clear right was established.
Gathering Evidence and Documentation
Building a strong case of police brutality requires much evidence and documentation. You must gather any noteworthy evidence that bolsters your case. You will have to begin by requesting from the police any reports of the incident, arrest reports, or records of arrest. The names and badge numbers of the officers involved are equally important to take note of.
You will need to collect information on eyewitnesses. Ask for their contact details and their statement needs to be documented in writing. Get any photos or videos since they may be the best evidence of the misconduct.
Collect documentation, including medical reports and pictures, to show any injuries you might have sustained. Keeping a journal of experiences proves to be very helpful in piecing together the timeline of events.
Just by mounting any piece of evidence, you are strengthening your case. Anticipate the opposition to also bring evidence that supports their version of events.
The Legal Process: What to Expect
Going through the legal process for a police misconduct lawsuit is full of many complexities. It is important that you recognize the steps involved. A complaint comes first, alleging the wrongful acts and relief sought.
The defendant, who is usually the police department, would then respond to the complaint by accepting or denying the allegations. At discovery, the parties would produce and exchange materials and take witness depositions to establish their claims.
After discovery, cases typically go into mediation in an attempt to reach an agreement. If mediation fails, the next stage of the case is the trial, wherein the two parties shall put on evidence and witnesses before a judge or jury.
Seeking Legal Representation and Support
Getting through a police misconduct lawsuit can be very difficult if you do not feel supported by a lawyer. Choosing to take your case to court puts you in a position where you are no longer alone.
Find an attorney with experience in such allegations who will support you and guide you through the matter. The attorney understands the nuances of the law, which can lead to a very smooth investigation.
Select a lawyer who cares about you and values your voice. The attorney should be able to listen to your story and work diligently for your cause. You can choose the lawyer you think is best for you since many of them will give you a free first consultation.
Having legal strength on your side makes you feel strong and confident enough to fight for what is right. With this, you are doing what is right, and your deeds must fill you with pride.