Can I Sue If I Was Found Guilty (or Took a Plea) in a Criminal Case?
If you were injured during a police encounter where you were the suspect in a crime, you may wonder if you can sue the police department, the city, and other potentially liable parties if you subsequently made a plea deal or were convicted of a crime. There’s a lot of nuance in this area, and a lot of it ultimately comes down to the specific facts of your case. That’s why we recommend talking to a Los Angeles police misconduct attorney as soon as you begin thinking about a potential civil case.
The team at the Law Offices of Dale K. Galipo is focused on supporting victims of police violence and misconduct. Attorney Marcel F. Sincich is a renowned civil rights trial attorney who has helped clients recover millions of dollars, both in settlements and jury verdicts. Learn more about how our police misconduct law firm can help you by calling us at 818-347-3333 now.
A Criminal Conviction Doesn’t Automatically End Your Civil Claim
To start, there is no rule barring all civil claims after a criminal conviction or plea deal arising from the same interaction. Being convicted of a crime or taking a plea deal doesn’t necessarily mean that police officers acted appropriately and lawfully at every turn. Someone may be guilty of a crime but still be a victim of excessive force.
Consider this example. Someone may plead guilty to resisting arrest because they refused commands or pulled away from officers during the interaction. If their civil claim is based on the idea that they never resisted at all, that causes an obvious conflict. But if their civil claim states that they were handcuffed, stopped resisting, and then had police slam them into the ground and kick them in the stomach, their civil claim may still survive. Because the details matter so much, it’s important to discuss your concerns with a police misconduct lawyer.
The Heck Rule and What It Means for Your Case
The main legal barrier that comes up in these cases is the Heck rule. This came from a Supreme Court case, Heck v. Humphrey. The basic idea of this rule is that if a successful civil claim would imply that the criminal conviction was invalid, the lawsuit may be barred. If it would invalidate the criminal conviction, the individual must first reverse, dismiss, or otherwise legally invalidate the conviction. This rule often plays a role in cases involving DUI, obstruction, assault on an officer, or resisting arrest.
As an example, consider someone who was convicted of drug possession. They then sue the officers, claiming that they planted drugs on them and manufactured the entire case. If that civil claim were to be successful, it would undermine the criminal conviction against them. They would likely need to work to overturn that decision first.
What Separates Excessive Force Claims From “I Didn’t Do It” Claims
Police misconduct and excessive force cases often focus more on what officers did, not whether or not the alleged victim committed a crime. Many civil rights claims don’t state that the officer had no right to arrest them—they instead state that the officer used unreasonable force during or after that arrest. Working with a police misconduct attorney with experience in these specific types of claims can make it easier to build a solid case.
This is relevant when force unfolds in stages. If someone is actively fighting or fleeing the police and they use force to subdue them, that will be viewed very differently in court than someone who is subdued and is then subject to brutal police violence. Taser deployment after restraint, a police dog bite after surrender, or kicks and punches after handcuffing raise very serious legal issues, as they involve someone who is actively subdued.
Some claims struggle after certain convictions or pleas, even with the assistance of a police misconduct lawyer. False arrest, malicious prosecution, or claims that the police had no legal basis to stop you are likely to face significant legal hurdles.
Discuss Your Case With Our Police Misconduct Law Firm
If you’re ready to explore your legal options and find out how we can advocate for you, let’s discuss your next steps now. Reach out to our team online or call us at 818-347-3333 to learn more about your potential path forward.
