New Mexico Civil Rights Lawyer
VICTIMS OF POLICE MISCONDUCT IN NEW MEXICO
Police are authorized to use only that amount of force that is “reasonably necessary” to effect an arrest, but all too often officers let their anger and adrenaline overtake them and they go too far when arresting a citizen. Type in “excessive force” on YouTube and hundreds of results show officers acting unreasonably and cruelly when arresting citizens. At the bottom of this page we have included a few examples of clearly excessive force used by police officers throughout the country.
Malicious Prosecution and False Arrest
Often times the police overcharge or “throw the book” at citizens and charge crimes when no probable cause exists. If your case was dismissed or you were found not guilty at trial and you were factually innocent of the charges, you may be entitled to compensation for false arrest or malicious prosecution.
Police agencies will tell you that Taser guns are a “safe” alternative to other types of force. Tasers are not safe at all: there are many recorded cases of cardiac arrest, seizures, and even deaths following an officer’s use of a Taser on a citizen. If you have been the victim of a Taser weapon, you should consult with a civil rights attorney to help determine if you have a valid lawsuit against the officer or his department.
Unlawful Search & Seizure
The Fourth Amendment states that citizens are to be secure from unlawful search and seizure of their persons and property. This fundamental civil right guards you against being pulled over or detained by police officers unless they have probable cause to suspect that you have committed a crime, or if there is a warrant out for your arrest.
When police make an unjustified use of lethal force or cause an accident through negligence, the victim’s family members have a right to bring a wrongful death claim to seek a settlement. No amount of money can compensate you for your loss, but you can at least seek justice and secure damages against the officer who killed your loved one.
Your Rights to Compensation
Title 42, Section 1983 of the United States Code and other laws provide for the rights of the injured to sue for compensation. If you suffered any type of abuse or violation of your civil rights at the hands of a police officer, you are entitled to hold the officer liable for damages. Working with an experienced attorney can greatly increase your chances of securing the compensation you deserve.
Due Process Violation
Both the Fifth and Fourteenth Amendments to the Constitution contain a sentence which refers to due process. No governmental authority has the power to deprive you of “life, liberty or property without the due process of law.” If your right to due process was violated in any way, you may be able to remedy the situation by filing a civil lawsuit against the individual or agency that wronged you. Contact a New Mexico civil rights attorney for support and dedicated representation when your rights have been violated and you want to secure compensation.