Gavin Howe
In the United States, citizens can sue the police for misconduct or negligence in certain circumstances. While police officers have sovereign immunity, which protects them from legal claims, citizens can file lawsuits against individual officers or the department in cases of civil rights violations, such as excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful searches or arrests. However, succeeding in these types of lawsuits can be challenging due to the doctrine of qualified immunity and the requirement to demonstrate standing, which includes proving a concrete and actual injury caused by the police's failure to enforce the law. Citizens can also file complaints with various departments, such as internal affairs or human rights departments, to address police misconduct or negligence.
| Characteristics | Values |
|---|---|
| Suing a federal agency | Requires "standing", i.e. a legally protectable stake or interest in a dispute |
| Standing | Requires proof of "injury in fact", a causal connection to the injury, and the likelihood of redress |
| Suing a police officer | Possible for excessive force, discriminatory harassment, false arrests, coercive sexual conduct, unlawful stops, searches or arrests |
| Suing a police supervisor | Possible in some jurisdictions for subordinate's use of excessive force ("supervisory liability") |
| Suing a municipality | Possible if its policy or custom caused the use of excessive force |
| Suing a police department | Possible, but challenging; requires proof of violation of rights |
| Suing for failure to investigate criminal allegations | Possible, but challenging; requires proof of discrimination or negligence |
| Suing for failure to enforce criminal laws | Possible, but challenging; requires proof of "state-created danger" liability |
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What You'll Learn
Suing a federal agency
In the United States, citizens can sue both the state and federal government. This means that individuals can earn compensation if they have been harmed by a government agency or employee. While it is possible to take the government to court, it is not always straightforward. For most of US history, the doctrine of "sovereign immunity" prevented citizens from suing the state or federal governments and their employees. However, this changed in the mid-1900s with the shift towards increased government accountability and citizen rights.
To sue a federal agency or employee under the Federal Tort Claims Act (FTCA), you must first file your claim with the specific government organisation. For instance, if you are suing the government for personal injury sustained at a VA hospital, you would file your claim with the Veterans Health Administration. Once filed, your claim is considered an “administrative claim" and will be reviewed by the federal organisation. The Standard Form 95 Claim for Damage, Injury, or Death (SF 95) can be used to file a claim against any federal agency, although it is not mandatory. The statute of limitations for filing an administrative claim is two years from the date of the incident.
After filing your claim, you will receive a response from the agency within six months. If the agency accepts responsibility, your claim is settled. If your claim is denied, you must file a small claims case within six months of the denial. If the agency does not respond within 45 days, the claim is considered denied. If the agency does not act on your claim within six months, you may treat the failure to act as a denial and file a lawsuit, although this is not mandatory.
In certain instances, private citizens can file lawsuits to enforce a statute. Citizen suits are most common in the civil rights and environmental realms, where federal statutes contain specific provisions for citizens to bring lawsuits against violators or government agencies tasked with enforcing those laws. For example, the Clean Air Act and Clean Water Act allow citizens to sue the Environmental Protection Agency for failure to enforce the law.
It is important to note that demonstrating standing to sue a federal agency for failing to enforce a law can be challenging. To establish standing, you must generally meet three requirements:
- You must have suffered or be able to prove that you will suffer an "injury in fact," defined as an invasion of a legally protected interest that is concrete and imminent.
- There must be a causal connection between your injury and the agency's failure to enforce the law, rather than the result of an independent action by a third party.
- It must be likely that a favourable decision will redress your injury.
If you are considering suing a federal agency, it is advisable to consult an experienced government lawyer.
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Police misconduct
In the United States, police misconduct is a serious issue that can result in legal consequences for those involved. While the majority of law enforcement officers carry out their duties with respect for their communities and in compliance with the law, there are instances of police misconduct that can lead to civil or criminal charges.
Federal laws addressing police misconduct include both criminal and civil statutes, covering state, county, and local officers, as well as those working in prisons and jails. The Department of Justice (DOJ) enforces these laws and individuals can file complaints if they believe their rights have been violated. Misconduct can include excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches, or arrests. However, for a claim to be valid, the misconduct must constitute a "pattern or practice" rather than an isolated incident.
In terms of civil lawsuits, citizens can sue police officers and departments for violating their civil rights. This includes instances of police brutality, such as excessive force, which violates the Fourth Amendment's prohibition on unreasonable searches and seizures. These cases are often complex and challenging to win, as police officers have qualified immunity, which protects them from personal liability unless they violate clearly established statutory or constitutional rights.
In criminal cases, the DOJ seeks to punish wrongdoers through imprisonment or other sanctions. Individuals can file complaints with the Federal Bureau of Investigation (FBI) or the United States Attorney's Office (USAO) in their district. Additionally, state laws may impose a duty on police to investigate certain crimes, and failure to do so can result in civil or criminal sanctions.
While suing the police for failure to enforce the law is challenging, it is not impossible. To succeed in such cases, individuals must demonstrate standing, which includes proving an "injury in fact," a causal connection between the injury and the agency's failure to act, and the likelihood of redress through a favorable decision.
It is important to note that each case is unique, and consulting with an experienced attorney is crucial to understanding your rights and the potential outcomes of legal action.
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Excessive force
If you have been the victim of excessive force, you have the right to file a lawsuit for damages. You may be able to bring a lawsuit in federal court for violations of your constitutional rights. This includes your Fourth Amendment rights and, in some cases, your Fourteenth Amendment right to due process and equal protection under the law.
In some jurisdictions, you may have a claim against the police officer's supervisor or the police department itself. This is called "supervisory liability" and is recognized by most lower courts. You may also be able to recover damages from a city or other local governing body that employed the police officer, in what is known as a Monell claim.
To win a civil suit for excessive force, you will need to prove that the officer's behaviour differed from that of a reasonable officer and that you were injured. This can be difficult, but an attorney can help. A police misconduct lawyer can investigate department policies on the use of force, look for prior complaints and lawsuits, and identify the appropriate civil rights laws for your case.
It is important to note that police officers generally have qualified immunity against most lawsuits for actions in the line of duty. However, they may lose their immunity if you can show that the officer violated a clearly established constitutional or civil right.
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Sovereign immunity
The Foreign Sovereign Immunities Act grants a similar form of immunity to foreign governments and their state-owned companies, shielding them from lawsuits except for certain actions related to commercial activity within the United States.
In certain situations, individuals can file lawsuits to enforce a statute, particularly in the realms of civil rights and environmental protection. For instance, individuals can sue under the Clean Air Act and Clean Water Act if their rights have been violated. However, the major obstacle to these lawsuits is the doctrine of qualified immunity, which protects law enforcement from personal liability unless they violate clearly established statutory or constitutional rights.
While sovereign immunity provides protection from legal action in most cases, there are exceptions. For example, in the United States, absolute immunity applies to acts that, if challenged, would significantly affect the operation of the government, such as core legislative acts. Similarly, judges acting in a judicial capacity are also protected by absolute immunity.
In summary, sovereign immunity is a legal doctrine that protects sovereign entities from lawsuits, but it can be waived, and there are exceptions to its application, particularly in cases where constitutional rights have been violated.
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Civil rights violations
If you believe your civil rights have been violated, you can submit a report using an online form provided by the Department of Justice. Teams that specialize in handling your type of issue will review it. Possible outcomes include following up for more information, starting a mediation or investigation, directing you to another organization for further help, or informing you that they cannot help.
If you wish to sue the police for civil rights violations, you will need an experienced civil rights lawyer. You may be able to recover from a city or other local governing body that employed the police officer engaged in wrongful conduct. This type of claim is called a Monell claim. To have a Monell claim, you must be able to show that a city policy or custom is the "moving force" behind the use of excessive force.
Excessive force is a type of police brutality and a violation of civil rights. It means an officer has used more physical force than they reasonably believe is necessary to conduct a stop or an arrest based on probable cause. Excessive force violates the Fourth Amendment's prohibition on unreasonable searches and seizures. In some cases, it also violates the Eighth Amendment's prohibition on cruel and unusual punishment.
In some jurisdictions, you may have a claim against the police officer's supervisor at a law enforcement agency or police department for their subordinate's use of excessive force. This is called "supervisory liability". The U.S. Supreme Court has suggested that supervisory liability may not exist under Section 1983. However, most lower courts still recognize at least some narrow form of the theory.
The major obstacle to recovery under Section 1983 is the doctrine of qualified immunity. Qualified immunity is a defense that law enforcement frequently invokes, protecting officers from personal liability unless they violate "clearly established" statutory or constitutional rights of which a "reasonable person" would have known.
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Frequently asked questions
In the US, citizens have the right to sue the police for violating their rights by filing a “Section 1983" claim. This claim is made under 42 U.S. Code §1983, which allows victims of police misconduct to bring a civil rights claim against any government entity that has deprived them of their rights, privileges, or immunities. However, it is important to note that successfully suing a police department is challenging, and most cases involving police misconduct are complicated and difficult to win.
Police misconduct refers to unlawful behaviour by police officers that violates a citizen's constitutional rights. This can include excessive force, discriminatory harassment, false arrests, coercive sexual conduct, unlawful stops, searches, or arrests, and more. It is important to note that the misconduct must constitute a "pattern or practice" and cannot be an isolated incident for a claim to be filed.
If you believe you have a valid case against the police, it is recommended that you discuss your case with an experienced attorney who can help you decide on the best course of action. Your attorney can also assist you in organizing evidence to support your claim. You may also file a complaint with the internal affairs department of the law enforcement agency, the U.S. Department of Justice, or a state human rights department.
