New Mexico Police Brutality Attorneys

Holding Law Enforcement Accountable for Police Misconduct

Police brutality cases go far beyond an officer who lost their temper for a few moments. These situations involve the unlawful use of force or abuse of power by law enforcement officers in a way that results in civil rights violations and often causes severe injury, emotional distress, and even death for the victim. Police officers swear to serve and protect, and when the use of force crosses the line of objective reasonableness, they need to be held accountable for their actions.

If you or someone you love was injured or killed as a result of a police officer’s actions, a civil rights attorney can help you understand whether you can sue the officer and/or the department and what that process looks like both in state and federal court. Call [company-phone-albuquerquenm] to schedule a confidential consultation to discuss your case with a member of the Kennedy Law Firm team.

What Qualifies as Police Brutality?

Many situations can lead to police brutality cases, but one thing they all have in common is the use of unnecessary or excessive force in a way that violates the victim’s constitutional rights and likely results in serious harm. Officers have a certain amount of authority to use force to arrest a suspect, keep them under control while in custody, and protect the safety of the public and the other officers. But when law enforcement officers abuse that power, it can violate the victim’s rights under the Fourth and Fourteenth Amendments.

Many cases of police brutality involve direct, unwarranted physical violence. This can include scenarios such as repeatedly striking a person who is compliant and/or already under the control of the officer, unnecessary use of a taser or a baton, and using chokeholds or inappropriate restraint tactics. However, police brutality can also include situations such as unlawfully imprisoning a person to extract a bribe, using humiliation tactics, or not providing medical attention after force has been used.

Many people aren’t aware that there are limits on the power and authority police officers have and the amount of force they can use. Officers are not above the law, and they cannot do whatever they want without repercussions. If you were involved in an altercation with police officers that resulted in the use of excessive force or your injury, it’s important to talk to an attorney to determine if you have a case and how to proceed.

How Can Officers Be Held Accountable for Their Actions?

While police departments do have internal procedures to investigate and punish officers who abuse their power, it is not uncommon for those in the department to cover for each other. Even when an officer is subject to internal discipline, it rarely results in justice or compensation for the victim. Filing a police brutality complaint with the department can be an important first step to document what happened, but victims may also have the option of filing a lawsuit against the officer or the department.

A civil lawsuit has a lower burden of proof than criminal cases. Even if the prosecutor declined to bring charges against an officer or the officer was acquitted, the victim still has the option of pursuing a civil claim. Civil cases also provide a way to seek financial compensation for your injuries, losses, and pain and suffering.

Can the Police Department Be Held Liable in a Police Brutality Case?

The New Mexico Civil Rights Act allows victims of police abuse and brutality to file a lawsuit against the public entity that employs the officer. This is often the police department, but it can also potentially be the city or county. One of the important differences to be aware of if you are considering filing a lawsuit under the New Mexico Civil Rights Act is that this act eliminated qualified immunity as a defense in police misconduct cases. This removes a significant hurdle for victims and can make pursuing justice easier.

There may also be situations where a federal lawsuit against the department may be possible. These cases can be more complex and may involve qualified immunity, so it is important to talk about your options and the benefits and drawbacks of each with an experienced civil rights attorney.

Should You Accept a Settlement Offer?

When a victim of a police shooting or other police brutality incident starts to pursue legal options, it is common practice for the department to offer to settle the case out of court. While settlement offers are never guaranteed, they allow the department to avoid ongoing negative press and preserve its resources. However, it is also common for these initial settlement offers to be too low and fail to adequately reflect the victim’s full damages.

Settling out of court can be a strong option to consider, but you must do so with the help and guidance of an experienced attorney. A lawyer can help you understand the strength of your case and the potential outcomes if you were to go to trial. They can also evaluate the reasonableness of any settlement offer presented and negotiated on your behalf for a fair amount.

Contact Kennedy Law Firm

No one should suffer because a police officer abused their authority or used excessive force. At Kennedy Law Firm, we have extensive experience representing victims of police brutality. We’ll ensure you understand your rights, how those rights may have been violated, and what options you have for seeking justice and accountability.

Contact our New Mexico law firm at [company-phone-albuquerquenm] to learn more about our process and what to expect. We offer confidential consultations for new clients.