In Texas, suing the police can be an available option when law enforcement engaged in misconduct and violated an individual’s constitutional rights. It can be challenging to have a successful lawsuit against law enforcement, but it is possible.
Simply because someone is a law enforcement officer does not mean they are above the law. Victims of police misconduct can take action against law enforcement in different ways, such as filing a complaint against the department, a supervisor, and the officer themselves.
Common examples of what may be considered police misconduct include fraud, abuse of authority, false imprisonment, and perjury. The most common types of claims filed against law enforcement are discussed below.
Harassment
In order to prove harassment, a plaintiff must show a pattern of behavior from the department or an officer. Examples of harassment in this context can include illegal surveillance, making racist or sexist comments, and racial profiling.
Discrimination
Similar to harassment claims, the plaintiff must show a pattern of conduct. Discrimination can be based on characteristics including sex, gender, race, sexual orientation, and more.
Fourth Amendment violations
The Fourth Amendment to the United States Constitution provides protections for citizens against unreasonable searches and seizures. If a law enforcement officer searches a home without a warrant or consent or arrests an individual without probable cause, they can face legal consequences.
Excessive force
If an individual has been a victim of excessive force by a law enforcement officer, resulting in serious injury or death, they may have grounds for a lawsuit. The plaintiff must be able to show that the amount of force that was used was not necessary and that the officer could have accomplished the same result without that force.
A victim of police misconduct can also file a complaint against the department and officer with the proper department of the agency itself or with the Department of Justice (DOJ). The DOJ can investigate these claims and file a criminal or civil case on its own against the department.
If an individual believes they may need to sue law enforcement in Texas, they should schedule a legal consultation in Texas as soon as they can.
Who Specifically Can I Sue for Police Misconduct?
An individual may be able to sue a police department itself, the supervisor of the officer who engaged in misconduct, and the officer themselves. In addition, the government that oversees the police department can be sued if they are not protected by governmental immunity.
Governmental immunity protects government agencies from lawsuits in many situations. This policy allows government agencies to take action without fear of facing a lawsuit.
Law enforcement officers may also be protected by qualified immunity. This means that they are protected from lawsuits so long as their conduct is within the guidelines of their job and they did not act unreasonably or negligently.
Similar to governmental immunity, this protection provides officers with the ability to do their job without fear of legal repercussions. These two types of immunity can make it difficult to file a lawsuit against a party other than the officer who was directly involved in the case.
Texas lawyers can help an individual determine what parties they may be able to sue for misconduct and what immunity they may have.
Can You Sue the Police for False Arrest in Texas?
Yes, it may be possible to sue the police for false arrest in Texas. This means that law enforcement acted without legal authority or that they went beyond the power granted to them by their job position.
It is important to note that, if the officer arrested someone based on information they believed was true and reasonable but later turned out to be false, they will not be held liable. If, on the other hand, an officer arrested someone because of personal feelings or another non-legal basis, they may be liable for false arrest.
Can I Sue the Police Department for Violating My Rights in Texas?
Yes, it may be possible to sue a police department in Texas for violating someone’s rights. Anyone who interacts with law enforcement is protected against violations of their civil rights, including not being harassed, assaulted, or discriminated against, as well as the use of excessive force and unreasonable search and seizure.
When someone files a lawsuit against an officer, they often include the department the officer works for as an additional defendant. The plaintiff must show that the department engaged in a pattern of excessive force, discrimination, or harassment.
What Are My Chances of Success? What Damages Might I Be Awarded?
It is not always easy to succeed in a lawsuit against law enforcement in Texas or in any other state. One issue a plaintiff can encounter is difficulty getting access to necessary evidence about the previous conduct of the officer or department.
The first step in a successful case is to hire a Texas attorney for help. Potential plaintiffs should save any evidence they have related to the misconduct, such as eyewitness statements, photographs, videos, and medical records, if they suffered an injury.
There are different categories of damages an individual may be awarded in a lawsuit against the police in Texas, depending on the facts and circumstances of their specific situation. They may receive economic damages or non-economic damages. If the conduct of the officer or department was especially egregious, the punitive damages may also be awarded.
Economic damages
Economic damages are intended to compensate an individual for financial losses they suffered because of the conduct of the police officer or department. A plaintiff may be compensated for their medical expenses, future medical care, lost wages, and future lost wages.
Non-economic damages
Non-economic damages are intended to compensate a plaintiff for losses that cannot be easily calculated, such as mental and emotional distress, pain and suffering, and loss of enjoyment of life.
Punitive damages
Punitive damages are used to punish a defendant for significant misconduct. These damages are awarded to discourage future similar behavior on the officer’s part and the department.
Potential plaintiffs should be aware that law enforcement officers in Texas may have available defenses. For example, with an allegation of excessive force, the officer may be able to claim their conduct was reasonable based on the plaintiff’s behavior.
Law enforcement officers are justified in using force that matches the amount of force used against them or that which is necessary to protect the safety of others nearby who may be at risk, such as another officer. Officers can use more force to arrest a subject who is resisting than they would use on a calm and cooperative one.
In addition, as noted above, the officer may also be able to argue qualified immunity, which protects them from personal liability unless the officer violated a clearly established law. This can be challenging to prove unless a court has previously held that specific conduct on the part of law enforcement as illegal.
Do I Need an Attorney in Texas To Help Me if I Want To Sue the Police?
If you believe you need to sue the police in Texas, it is essential to consult with a Texas criminal attorney. Your lawyer can explain whether you may have a claim against the officer involved in your situation or the department they work for.
Your Texas criminal lawyer will represent you during the entire process, help you gather evidence, and represent you when you appear in court. LegalMatch can help you find a Texas lawyer near you in as little as 15 minutes.
It does not cost anything to submit your question or concern on the website. It is also free to communicate with the pre-screened and licensed Texas attorneys who respond to your submission.
