What Does Official Misconduct Mean for Police?
When you hear about a police shooting or a lawsuit against your local police department, you’ll often hear the terms “police misconduct” and “official misconduct” used interchangeably. But what is police misconduct? At the Law Offices of Dale K. Galipo, we have built a reputation defending clients’ civil rights and advocating for them in court and in negotiations.
The Law Offices of Dale K. Galipo focuses exclusively on cases involving abuse of power and police misconduct, as shown in our successful case results. Our police misconduct attorneys, led by attorney Dale K. Galipo, fight aggressively to find the truth in every case and advocate for our wronged clients. Call us at 818-347-3333 to discuss your case with our police misconduct law firm now.
Defining Official Misconduct in Law Enforcement
First, it’s important to understand what police are doing and what role they fulfill when they are patrolling the streets and working their shifts. They are official representatives of the police department they serve, and by extension, the local government. This means that even if their unsafe or illegal choices are not the result of direct orders from the police department or the government, those entities can still be held responsible for those choices.
When a police officer conducts an illegal act in their role as a police officer, they are engaging in official misconduct. They are entitled to certain protections because of their standing as a police officer, but they are also held to specific legal standards that may result in serious consequences for their actions—especially if a police misconduct lawyer gets involved.
Common Types of Police Misconduct
What, then, is considered official misconduct? Per the Department of Justice, common forms of official misconduct include physical assault, excessive force, sexual misconduct, indifference to a serious medical condition or risk of harm, and failure to intervene when a fellow officer violates a victim’s constitutional rights.
Police misconduct lawyers see many of these cases on a regular basis, and excessive force is perhaps one of the most common forms of misconduct. Police officers are expected to de-escalate situations whenever possible, and if they must intervene with physical force, they are expected to do so at the minimum level possible to avoid worsening the situation. If they respond with a level of force that is inappropriate for the threat they are facing, they may be accused of official misconduct. There have also been cases where police officers have used their status to force or coerce inmates or suspects to engage in sexual activity with them, putting the victims through enormous mental trauma.
Legal Consequences of Police Misconduct
The State of California Commission on Peace Officer Standards and Training—or POST—can take action when an officer engages in serious misconduct. They define serious misconduct as:
- Dishonesty when it comes to reporting, investigating, or prosecuting a crime
- Dishonesty related to the reporting or investigation of misconduct by a fellow officer
- Physical abuse
- Sexual assault
- Bias on the basis of race, national origin, housing status, and other protected groups
- Any acts that are against the law and are egregiously inconsistent with a police officer’s obligation to uphold the law
- Failure to intercede when another police officer is using excessive force
- Participation in a law enforcement gang
- Failure to cooperate with an investigation of alleged police misconduct
If the Commission conducts an investigation of a police officer’s actions and finds that they have engaged in serious misconduct, they may decertify the police officer by suspending or revoking their certification.
Police departments also conduct investigations into alleged police misconduct. However, it is fairly rare for a police officer to face actual criminal charges for their behavior, even when their actions are egregious. If they can successfully argue in court that they were in fear for their lives or that the suspect posed a bigger threat than expected, they are often able to walk away with minimal consequences for their actions. In many cases, they even keep their police jobs and pensions.
Police officers accused of misconduct may also face lawsuits from victims who are aided by police misconduct attorneys, however, these lawsuits—when successful—are paid out by the city or local governments, but not the police themselves.
Contact the Law Offices of Dale K. Galipo Today
If you or someone you love has been injured by a rogue police officer, our police misconduct law firm should be your next call. Call us at 818-347-3333 or contact us online to discuss your case now.
