(ThyBlackMan.com) In the midst and aftermath of so many people (esp. African Americans) being shot and killed by police officers around this country, something has to be lawfully done that will end police brutality. This article is going to empower you, the citizen, to lawfully do just that. But first there are a few things I have to tell you. This information is provided under the authority of the First Amendment for “information purposes only“. I am not an attorney and you are encouraged to seek a qualified attorney authorized by your state in your area of need. That being said, I am a senior legal analyst and more people know the law than attorneys. At least from the standpoint of prevention and your personal safety, it is your responsibility to know the laws that govern you if you are to follow them. It is further your responsibility to know your rights or they most certainly will be violated. Now that we have those things out of the way, let’s get to the issue of suing a police officer. This is happening quietly all the time.
THE PROBLEMS AT A GLANCE:Â
Before you know how to solve a problem, you have to know what is causing the problem and what is keeping the problem in place. The first thing we need to look at is the cloak of deception. A great many people around this country would have you believe that there are only a few bad police officers or that police brutality happens very rarely. Both of these assumptions are simply not true and here is the truth. While there are many good and dedicated, law abiding officers, there are also many more bad officers than this country, your state
or your local police department are willing to admit. The courts are not prosecuting them as they should. The district attorneys are not charging them as they should. The grand juries are not indicting them as they should. The police departments are not firing them as they should. The other officers are not reporting them as they should (blue code). The police academies are not training officers as they should.
Politicians are making the assumption that the police officer is innocent until proven guilty while the same politicians are assuming the victim of the officer is guilty until proven innocent. The media is not reporting all the cases of police misconduct and police brutality as it should (www.killedbypolice.net, www.policemisconduct.net). The pre-employment psychological exams are not catching bad, mentally unstable, bully or racists officers as they should. Our young people are emulating negative stereotypes which play directly into the profiles police departments expect. And the community is not collaboratively and strategically armed with the lawful knowledge of what to do about these officers as you should. All of this creates a climate which protects officers who should be in jail, officers who should never have carried a badge and officers who need to be sued in civil lawsuits.
WHY SUE A POLICE OFFICER?Â
Most victims and their families want to pursue criminal charges and in cases where thee officer is guilty, they should. Others, at the advice of attorneys, want to sue the city or the police department. But when you sue the officer himself/herself, you speak loud and clear directly to the officer, especially if you win the civil suit. He/she neither cares nor feels the direct impact when you sue the city. The city and/or the police department has attorneys for this and insurance to cover being sued. The attorneys can simply stall the case until you run out of money to pay your attorney and the case end up getting dismissed. And even if they have to pay out, the city insurance companies step up to the plate and cities pay out all the time. Yet again, the officer never feels the direct impact of his/her actions. But go after the officer’s paycheck, his car, her house or their bank account, and they feel the impact directly. Plus, if you win the civil lawsuit (even if it’s a small claims court victory), the ripple effect will be felt through the police department as it send a strong message directly to officers themselves.
WHY DON’T ATTORNEYS TELL YOU THIS?Â
Because attorneys are in business to make the most money possible. If an attorney sues on your behalf, he or she is going for what is called “deep pockets“. This means getting the most money possible which is more likely accomplished in a lawsuit against a police department or city instead of an individual. Some attorneys will not even sue the city for fear of damage to their reputations because suing the city makes for an unpopular attorney in the courts. But you must overstand that the largest settlement paid out to you does not always make the biggest impact directly in the life of the police officer. Lawsuits against the city or police department can take years and a lot of money paid to your attorney in legal fees, if he even wins or if she even takes the case. And when they do, expect to pay a large retainer. But you can launch your own civil suit, with or without an attorney. You would then be a Pro Se litigant and you have the right to sue anyone you choose. Small claims lawsuits do not pay out much but they can be quick, done without an attorney and make a direct impact.
I suggest you consult with a good attorney and do your thorough research if you want to do this. He/she may discourage you from going forward for a variety of reasons but may reluctantly give you advice. Try using a legal service like Legal Shield to speak with an attorney and forget about Legal Aid offices helping you with this. But don’t worry, the research on how to sue a police officer is all over the internet and not hard to find. I will be sharing more info in additional articles as well. Just remember, unlike the attorney’s focus, your focus is direct, lawful impact against the bad officer- not just the amount of money you win. Attorneys know these things to be true but don’t expect many of them to admit it. After all, remember the attorneys are members of the same two clubs as the judges and the prosecutors – they are members of the BAR Association and officers of the court.
WHAT PROTECTS POLICE OFFICERS FROM LAWSUITS?Â
The shield that protects police officers from being sued is called “qualified immunity” or sometimes referred to as “good faith immunity“. But this “shield” can be lawfully bypassed or penetrated in many cases where the officer clearly steps out of his/her scope of duties or authority as a police officer. To use an analogy, if you step out from under the umbrella that covers you, you can get wet.
As outlined by the Supreme Court in Harlow v. Fitzgerald, 457 U.S. 800 (1982), qualified immunity is designed to shield government officials from actions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”Â
Qualified Immunity can be penetrated and the officer can be sued directly in many cases. If you sue, even in small claims court where they commonly do not use attorneys, the officer has to show up. But first he is served notice and must file an answer. You may even be able to obtain subpoenas from a judge so you can require the officer or hiss department to submit training records, performance history, disciplinary write-ups he/she received, psychological evaluations, complaints against the officer, police reports related to your case and other key information. You are more empowered than you may realize and this is why you must keep your cool in a police encounter. If you do not keep your cool and use your head in a police encounter, the strength of your case will disappear if you are in the hospital, in the morgue or in jail with half a dozen charges against you.
Once you sue the officer and win, you can then begin the process of collecting on the judgment you have in your favor. Depending on the laws of your state, you can lawfully speak in a language the bad cop understands. In Georgia, for example, you can garnish his/her check, freeze bank accounts instantly, seize personal property such as his or her vehicle and more. Such actions directly impact the officer while discouraging his/her fellow officers from breaking the law and abusing citizens. In the interest of space and strategic wisdom, I cannot tell you everything in this article. But send an info request to our email for more information and feel free to include your contact information. It will be kept confidential and we are not compelled to reveal it unless you are attempting to break the law.
MANY MORE WAYS TO END POLICE BRUTALITYÂ
The Metro Atlanta Crime Commission recently unveiled the most comprehensive, strategic and collaborative plan in this country to end police brutality. For a copy of the NATIONWIDE STRATEGIC PLAN TO END POLICE BRUTALITY, send an info request to atlantaccrimecommission@yahoo.com. Plug into the plan and share it with everyone you know. This plan includes judicial, sociological, psychological, economic, spiritual, legislative and technological solutions that you or your organization can go to work on immediately. We also offer our nationwide training program called Police Encounters 101 which teaches your rights, the laws that govern you, how to handle a police encounter and over a dozen lawful solutions if you are a victim. Police Encounters 101 focuses on prevention, intervention and curative solutions all at the same time. When you have this knowledge, you can lawfully go far beyond protests, rallies, marches and vigils, though they are also included in the plan.
WHY MOST PLANS TO END POLICE BRUTALITY ARE NOT WORKINGÂ
First of all because of the safeguards, people and agencies I mentioned in this article which are protecting bad cops. Secondly because the solutions implemented by the African American community are not cohesive, collaborative and strategic. They are scattered, fragmented and based on who can make a name for themselves by getting out front. They are not based on clear cut, measurable and achievable objects but rather on the spot demands.
The demands are based more on “selling wolf tickets” with an “or else” approach that cannot even be enforced – and the powers that be who oppress and kill us know this to be true. And to top it all off, when African Americans disagree with each other, too many of us separate and divide, turn on each other, tear each other down, refuse to work together, fail to follow through and criticize. Then there are the Cointelpro type opportunists. Thus the power of solidarity is lost.
The solutions are here so you don’t have to feel powerless or hopeless. But you do have to do your homework. know your rights and learn to use the legal system to your advantage. Attorneys should not be expected to think for you when it comes to prevention or even regarding many curative solutions. We see how that has been going. And though there are good attorneys out there, every one of them is bound by the same or similar oath. Every one of them is an officer of the court and a member of the BAR Association just like the judge and the prosecutor or district attorney. Your rights, your solutions and your life are up to you first and foremost. Wake up and be careful allowing anyone else to think for you.
Staff Writer; Marque-Anthony