“I . . . CAN’T . . . BREATHE!”

What is a “Section 1983” lawsuit?

Section 1983, a part of the Civil Rights Act of 1871, serves as the legal pathway for citizens to initiate a civil lawsuit if their civil rights have been violated. It permits you to bring a civil action against a state or local official, including police, county sheriffs, prison guards, and even the cities or municipalities that employ them. However, Section 1983 doesn't apply to private citizens acting without a government connection, nor federal government employees. If your constitutional rights have been violated, our attorneys at the Law Offices of Dale K. Galipo can provide consultation and discuss the best legal course of action.

How can I initiate a civil rights lawsuit under the Bane Act?

The Bane Act safeguards individuals from having their civil rights violated through intimidation, violence, or threats, including by the police. This extends to rights such as the right to vote, peaceful protest, bear arms, and associate freely. If these rights are infringed through coercion, violence, or other means, our attorneys can assist in taking legal action. Initially designed to tackle hate crimes in 1987, the Bane Act now covers any action infringing on a person's civil rights and is often invoked in police brutality cases.

What should I do if my civil rights have been violated by the police?

Experiencing civil rights violations can be deeply disturbing, and sadly, these incidents are not rare. Regardless of the charges against you, your Constitutional rights must be upheld. At the Law Offices of Dale K. Galipo, we are committed to safeguarding these rights. We mobilize our resources in instances of civil rights infringements due to police misconduct, including false arrests, excessive force, failure to intervene, and malicious prosecution. We also advocate for victims of sexual harassment, assault, and racial profiling.

Can you win against the police?

Absolutely! While it may seem daunting to take on a case against the police, it's important to remember that the law is designed to protect every citizen's rights, including yours. Our firm, armed with experience and a deep commitment to justice, specializes in handling such cases. We work diligently to gather compelling evidence and present a persuasive argument on your behalf. Our mission is to hold those who violate the law accountable, regardless of their position. With us, winning against the police isn't just a possibility, it's a goal we strive to achieve for our clients.

How do I sue my local police department?

To sue your local police department, you'll generally need to demonstrate they acted unlawfully or violated your rights. You should gather all relevant evidence, such as video footage, photographs, medical records, and witness testimonies. Hiring an experienced attorney who specializes in police misconduct or civil rights can significantly help navigate the complexities of your case.

Who investigates police misconduct in California?

In California, both internal and external entities can investigate police misconduct. Internally, every police department has an Internal Affairs unit responsible for investigating allegations of misconduct. Externally, local District Attorney's offices, the California Department of Justice, and the Office of the Attorney General can all investigate police misconduct.

What is the most serious type of police misconduct?

While all types of police misconduct are serious and unacceptable, uses of excessive force, especially when it results in significant injury or death, can be considered amongst the most severe. This includes instances of police brutality or shootings. Other serious misconducts can include corruption, racial profiling, and sexual misconduct.

What is the most common complaint against police?

The most common complaints against the police often involve allegations of excessive force or abuse of power. This can include unnecessary physical violence, use of a weapon, or misuse of authority. However, it's important to note that the nature of complaints can significantly vary depending on the region and specific police department.

What is an example of excessive force?

Excessive force refers to situations where law enforcement uses more force than necessary to control a situation. An example might be a police officer using a taser or firearm on a suspect who is already subdued, compliant, or poses no immediate threat. Excessive force can also include unnecessary physical violence, such as repeated punching or kicking a suspect who is not resisting.