If you have been injured or lost a loved one to police misconduct, you may feel like your case is hopeless. Complaints filed through normal channels often go ignored or worse. You may even be afraid to make a complaint. While it is rare to succeed with a criminal case against an officer or department, you may be entitled to compensation through a personal injury lawsuit. Our Cincinnati injury attorneys can help you and your family get the compensation you need and deserve.
Excessive or Unnecessary Force
Police officers are allowed to use as much force as necessary to protect the public and themselves or to compel compliance from a suspect who is physically resisting. They are not allowed to use any more force than absolutely necessary. Examples of excessive force include:
- Beatings
- Continuing force once the subject is restrained or subdued
- Improper restraint resulting in positional asphyxia
- Misuse of “non-lethal” weapons such as Tasers or pepper spray
- Inappropriate fatal and non-fatal shootings
Sexual Assault
A very basic pat down for weapons is considered an acceptable, basic safety precaution. Any kind of frisking or strip search that goes beyond that level must be justified by the circumstances. Typically a more invasive search, such as frisking must be performed by a same-gender officer, even if one must be specially called to the scene. A strip search is almost never allowed on-scene. Juveniles require much more careful handling than adults.
Unfortunately, some officers go far beyond the gray area of inappropriate frisking. An officer is never allowed to ask or force a subject to perform any kind of sexual act.
Failure to Provide Access to Medical Care
Officers have a legal duty to provide immediate access to medical care when a suspect in custody is injured, is experiencing a medical event such as heart attack, or has a pre-existing condition such as diabetes and informs the officer of the condition. It does not matter if the injury or event is caused during the arrest or if it was pre-existing. Officers who knowingly delay or refuse medical attention can be held liable for any injuries or deaths that occur as a result of their actions or inaction.
If you or a loved one has been injured by police misconduct, please call our Cincinnati injury attorneys or submit an online questionnaire. The initial consultation with our personal injury lawyers is free of charge, and if we agree to handle your case, in most cases we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a personal injury lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.