Most encounters with Montana police go smoothly with no issues, but sometimes, for a variety of reasons, a traffic stop or arrest goes array, and excessive, sometimes deadly, force is used. When the force used by an officer goes beyond reasonable, the victim should consider filing a police brutality lawsuit with help from one of the attorneys at USAttorneys.com
Protections Against Excessive Use of Force
Your protections against the excessive use of force covered by the U.S. Constitution and the Civil Rights Act of 1871 Section 1983. Although officers have wide latitude to perform their jobs, they cannot violate your rights without suffering the consequences. Those consequences include federal or state prosecution, an Internal Affairs investigation and reprimand or a civil complaint and settlement.
What are My Rights?
Federal law and Minnesota law, citizens are protected from abuse by an officer, agent or another governmental official. Those legal protections are encoded in the U.S. Constitution and the Civil Rights Act of 1871.
The Civil Rights Act of 1871 Section 1983 states that it is illegal for a federal, state or municipal government employee to violate a citizen’s constitutional rights and an employee who does is vulnerable to federal or local prosecution, an Internal Affairs complaint or a civil suit.
Why Should You Hire a Police Brutality Lawyer in Montana?
If a police officer used excessive force and you would like to recover compensation because you were hurt or a loved one died, you need to get legal assistance. USAttorneys.com can connect you with a police brutality lawyer in Montana to assist you with your claim. Below are some of the reasons you need to hire an attorney:
Excessive use of force
The Challenge of Qualified Immunity
Because police deal with criminals and potentially violent individuals, and the prospect of a civil claim could discourage an officer from doing their job, officers are granted qualified immunity. Under this legal doctrine which applies in Montana and all other states, a law enforcement officer is used force when circumstances call for it.
The question of whether an officer used excessive force is answered by the courts on a case-by-case basis. As stated before, officers are allowed to use force but it cannot be excessive or beyond what is considered necessary to subdue a suspect. Your case will not be successful if cannot prove that an officer used force beyond what a reasonable person would use in the same situation.
Claims Against the Government in Montana
If you need to file a personal injury or wrongful death claim against a city, state or federal government entity in Montana, you must file your claim within 20 days of your injury. You must file your claim against a Montana government agency with the state’s Department of Risk Management and Tort Defense. USAttorneys can connect you with lawyer and you can arrange a case evaluation to determine if your claim has merit and how to proceed.