Civil Rights

As individual citizens and entire communities, we rely on law enforcement to ensure our safety,  defend our rights, and help keep peace and order. The job comes with enormous responsibility and broad authority, as well as a commitment to uphold the highest standards of honorable behavior. 

Trust is critical. We must be able to expect respect, fairness, evenhandedness, exceptional decision-making, the use of reasonable force only when absolutely necessary, equal treatment for everyone, even when suspected or accused of a crime; and even—or especially—in tense, challenging, heightened situations. 

Unfortunately, some police officers abuse their power. Cases of police brutality—using illegal, excessive, or even lethal force—are all too common in California. Some become headlines, and some, sadly, stay under the radar. 

If you or someone you love has been a victim of police misconduct, speak with the caring and experienced police misconduct lawyers at Balaban & Spielberger today. 

The high cost of police misconduct 

Victims of police violence can suffer serious harm: severe injury, long-lasting health problems (both physical and mental), and even death. They may also face devastating economic losses and negative impacts on their personal and professional lives. 

These incidents not only hurt the individuals who experience them first-hand, but they also have significant ripple effects throughout society and undermine faith in law enforcement. Police misconduct also costs taxpayers hundreds of millions of dollars each year—often, according to a 2022 Washington Post study, to settle claims against officers with multiple suits and repeated reports of wrongdoing.

Police misconduct is not limited to physical violence. It can also include: 

• False arrest - Making an unwarranted arrest on inadequate grounds.
• Racial profiling - Suspecting or targeting a person for arrest on the basis of race. 
• Malicious prosecution - Initiating or continuing a criminal case without probable cause, sometimes for another, unjustified purpose.
• Unreasonable search or seizure - Attempting to search someone without evidence they committed a crime, or trying to take property as “evidence” without proof it’s related to an alleged crime. 
• Coercive interrogation - Using threats, violence, or withholding of personal necessities (food, water, etc), in order to pressure testimony. 
• Depriving access to a lawyer - You have the right to have an attorney present during a criminal proceeding and must be granted access upon request. 

When a law enforcement officer abuses power in these ways, it is a violation of civil rights.

Understanding your civil rights

The U.S. Department of Health and Human Services defines civil rights as “personal rights guaranteed and protected by the U.S. Constitution and federal laws enacted by Congress.”

Civil rights are a vital set of laws that ensure fairness, justice, equality, and protection against unlawful discrimination. Law enforcement officers have a duty to uphold this ethical code.

Bringing a lawsuit against the police

Although police officers’ actions on the job are generally shielded from liability under the doctrine of governmental immunity, there are Constitutional limits on how far police may go to enforce the law. Therefore, if you have been a victim of mistreatment by law enforcement, you can file suit under Federal law, 42 U.S.C. Section 1983, which permits individuals to sue police officers and departments for civil rights violations.

The Monell doctrine, which was established by Monell v. Department of Social Services of the City of New York (436 U.S. 658 (1978)), provides an additional means of seeking justice and compensation in certain circumstances. 

Although challenging and relatively rare, under Monell, a government agency or municipality may be held liable for an individual officer’s actions if the officer’s violation of civil rights stemmed from an official policy, accepted custom, or inadequate oversight, such as failure to properly train and supervise. Monell claims can help expose systemic injustices, patterns of unlawful behavior, and problematic practices or policies.

Filing a lawsuit can not only help you recover monetary damages to support your personal healing, but it can also help bring much-needed change and accountability in law enforcement.

Your case is important. The dedicated police misconduct attorneys at Balaban & Spielberger are committed to holding law enforcement accountable for civil rights violations and gaining justice for victims of police brutality and mistreatment. 

We have a proven track record of success in extremely challenging and high-profile cases, including Monell claims. Daniel Balaban secured a $5 million jury verdict against the San Diego Sheriff's Department in an excessive force and negligent supervision case in 2022, and, in 2017, a $2.25 million jury verdict for client Alexa Curtin, for her claim that an on-duty sheriff’s deputy raped her in Dana Point only months after another woman accused the same deputy of sexual assault.