Bivens Lawsuit: The Basics
A Bivens lawsuit is generally referred to as a civil rights lawsuit for monetary damages filed against a federal official. It is quite similar to a Section 1983 claim. Though, unlike 1983 claims, Bivens lawsuits can be filed against federal individuals like:
- FBI agents or,
- narcotics officers at the federal Drug Enforcement Agency (DAE).
Also, contrary to 1983 claims, Bivens claims cannot be filed against official entities like:
- Immigration and Customs Enforcement (ICE),
- Department of Justice (DOJ), and
- Federal Deposit Insurance Corporation (FDIC).
Like 1983 claims, though, perpetrators can claim qualified immunity defense for their actions.
Forms of Police Misconduct in Los Angeles
Victims of police brutality or excessive force can file a lawsuit in Los Angeles and hire a police brutality attorney. This complaint is generally based on fundamental civil rights violations. As mentioned earlier, under the lawsuit, the victim can seek monetary damages. The victim can also demand an injunction that would put off future police misconduct. It could even lead to felonious charges being filed against the law enforcement officer.
Following are some of the most common police misconduct forms:
- false arrest,
- malicious prosecution,
- excessive force, and
- failure to intervene.
Wrongful arrest is a claim that is most often asserted against police officers in Los Angeles. Individuals bringing this claim declare that police violated their Fourth Amendment right against unreasonable search and seizure. If the officer had probable cause to trust the individual had committed a crime, the arrest is judicious, and the Fourth Amendment has not been breached. On the other hand, police officers can arrest without an arrest warrant for a misdemeanor or lawbreaking committed in their presence.
Even if the evidence the officer relied upon later turns out to be untrue, the officer is not accountable if he believed it was right at the time of the arrest.
To succeed on a false arrest claim, the victim must show that the arresting officer did not have probable cause at the time of the arrest, that is, proof adequate to cause a judicious person to believe that a felony had been committed.
A malicious prosecution claim proclaims that the police officer intentionally or mistakenly deprived the victim of the Fourteenth Amendment right to authorization. To get successful in such type of claim, with the help of a police brutality attorney in Los Angeles, the victim must demonstrate the following things:
- The offender police officer started an unlawful proceeding.
- The proceeding turned out to be in the victim’s favor (no conviction).
- There was a lack of probable cause.
- The legal proceeding was caused by malice toward the victim.
- As with wrongful arrest, this claim will fail if the officer had probable cause to initiate criminal proceedings.
Excessive force claims receive the most exposure, possibly because the results of excessive force seem the most offensive, involving death or serious physical injury. However, under the Los Angeles jurisdiction, if the police officer’s use of force was rational depends on the totality of the circumstances.
The officer’s motivations or intentions are not regulatory. If the force was rational and reasonable, it doesn’t matter that the officer’s intentions were corrupt.
But the reverse is also accurate: if the officer had upright intentions but used irrational or unreasonable force, the excessive force claim will not be terminated.
Failure to Intervene
Police officers must defend individuals from legal violations by fellow officers. Thus, an officer who witnesses a fellow officer breaching an individual’s constitutional rights may be accountable to the victim for failing to intervene.
Hiring Police Brutality Attorney in Los Angeles
Civil rights claims are a crucial part of the legal system in Los Angeles, providing a balance between police officers’ duty to sustain the laws and the rights of citizens to be free from police misconduct.
Nonetheless, cases against police can be challenging. Officials may be invulnerable from suit, even though an individual feels he/she was victimized.
If you, your acquaintance, or your loved one has been the victim of police misconduct, contact Kirakosian Law APC right away so that valuable evidence does not slip out of hand. Our law firm is centrally situated in Los Angeles. Founding attorney Greg Kirakosian is dedicated and diligently practice law by serving ordinary people to take on prevailing organizations. This includes police agencies and government entities in the Los Angeles area that violate your civil rights.
These blogs are meant purely for educational purposes. They contain only general information about legal matters. They are not legal advice, and should not be treated as such. If you have any specific questions about any legal matter you should consult with an attorney.