Law enforcement officers do a dangerous job ensuring the safety of all citizens in Las Vegas. However, some officers overstep the boundaries of policing and engage in conduct that violates your constitutional rights. From excessive use of force to unlawful search and seizure or coerced confessions, you could suffer physically and emotionally from police actions.

When there is an incident of police misconduct, the officer’s actions can be examined to determine if a lawsuit is warranted. By filing the civil suit, you can show the court how the officers’ actions affected you and claim compensation for the damages.

Hiring and retaining a knowledgeable personal injury lawyer is critical as you battle your claim. Your attorney will help you collect evidence for your lawsuit, advise you on protecting your rights, and represent you in court. A successful police misconduct lawsuit can result in compensation for all the injuries and losses resulting from an officer’s unlawful actions.

Common Forms of Police Misconduct

Nevada law allows police officers to exert some force to regain control and maintain order under certain circumstances. However, all citizens are protected against extreme police acts that cause injuries and losses. Unfortunately, some officers go beyond the scope of their duties, violating your rights.

There are several reasons why police could engage in misconduct, which include peer pressure, poor judgment, prejudice, mistakes, and insufficient training. When this happens, you have the right to press criminal charges and pursue a civil lawsuit. Typical forms of police misconduct include:

Use of Excessive Force

Police officers can only use enough force to protect themselves and maintain order. Officers use excessive force by engaging in the following acts:

  • Excessive physical force. Acts like kicking, punching, slapping, or other acts of battery are not part of law enforcement duties. Police officers who use guns, batons, or tasers to subdue a victim or force them to comply with orders are unjustified.
  • Using chemical agents. Some police officers use tear gas, pepper spray, and other chemical agents to control unruly crowds. These chemicals can cause serious injury to the eyes, lungs, and skin. The act will be considered excessive force if an officer uses these agents on a peaceful gathering.
  • Use of restraints. Using restraints like chokeholds and handcuffs or individuals who do not attempt to flee is excessive force and can prompt a civil claim.
  • Verbal abuse. It is not uncommon for tempers to run high during police and citizen interactions. While verbal abuse from officers does not cause physical harm or injuries, it can cause severe emotional distress.

Medical Neglect During Incarceration

While in Nevada jails or prisons, you have the right to proper medical care and attention. This right covers routine medical checks, dental care, and mental health care. Jails are local detention centers where you are held while awaiting your hearing or sentencing.

Additionally, you could be placed in jail to serve your misdemeanor sentence. Nevada law delegates the health care of defendants to county sheriffs. In the jail cells, you must receive treatment for any injuries suffered during the arrest and for any contagious diseases you may have contracted while in jail.

On the other hand, prison cells are used for inmates serving a felony sentence. Under NRS 209, the Nevada Department of Corrections Medical Division is liable for the health and well-being of the inmates. Compared to the average population, inmates have a higher risk of developing medical complications. For this reason, medical care is essential.

If you suffered medical neglect while in jail, you can file a claim against the prison and the authorities responsible for your medical needs. Some of the most common forms of indifference to your medical conditions include:

  • A delay or denial of access to medical care
  • Failure to follow the doctors’ orders
  • Denial of access to specialist care
  • Failure to examine the inmate and act according to their medical records
  • Deciding on medical treatment by considering non-health-related factors

Mere negligence is not necessary to hold the prison liable. They must have acted recklessly, which is a higher standard than negligence. You can be compensated for all the injuries and losses resulting from the medical neglect if your claim succeeds.

Police Dog Bites

Law enforcement officers in Nevada Rely on canines for different purposes, including

  • Tracking suspects,
  • Detecting Explosives
  • Detection of illegal narcotics,
  • Detecting cadavers

In addition to being intimidating, the K-9 dogs have teeth that could bite with a pressure of hundreds of pounds. While police dogs are helpful in police work, the officers should not allow the dogs to bite suspects. Some of the factors that the court could consider when determining the legality of force used by police dogs include the following:

  • The nature of the crime which the victim was accused of committing
  • Whether or not a defendant was armed
  • The urgency of having the alleged victim in police custody
  • Whether or not the victim was fleeing to escape arrest
  • Whether the victim provoked the dog
  • Whether or not officers could have used mild and less violent ways to apprehend the defendant
  • Whether releasing the dog was a malicious act from the law enforcement officers

It is no secret that a police dog bite can cause serious bodily injuries or death. In cases of a police dog bite, you can file a civil lawsuit against the following parties:

  • The police officer in charge of the canine that bit you
  • The sheriff or police department
  • The sheriff or police chief
  • The city-county where the law enforcement department is located

The law enforcement department and city council may have more resources than an individual police officer. Therefore, filing a claim against multiple parties increases your chances of high compensation.

Unlawful Arrest and Detention

Arrests and detention are part of police work. However, an officer should only arrest you with probable cause. A probable cause is a reasonable belief that you are involved in criminal acts. The officers should not hold you longer than necessary, even when probable cause for your arrest exists.

Unlawful detention can cause severe emotional distress. Police officers often engage in other forms of misconduct during illegal detention, including forcing you to confess or intimidating you into accepting liability for the crime. Sometimes, you could suffer physical harm while in police detention.

If you are a victim of unlawful detention, you can use this fact to defend your criminal case. Additionally, you can file a civil lawsuit against the police officers and the police department. In In your lawsuit, you can claim compensation for the injuries, emotional distress, and financial losses you could have suffered due to the unlawful detention.

You may need to prove the following elements for a chance at compensation in an unlawful detention lawsuit:

  • The law enforcement officer intended to confine you within their boundaries. This could be in a police vehicle, a jail cell, or an interrogation room at the police station.
  • The confinement was against your will. If you volunteered to undergo interrogations or go to the police station to record a statement willfully, you could not sue the officers for unlawful detention. It must be clear that you were not allowed to leave.
  • The police did not have reasonable suspicion to detain you. Your detention is considered unreasonable if there is no legal reason to justify it.
  • You suffered harm from confinement. Filing a lawsuit against the police does not require evidence to prove that you suffered a physical injury. Emotional and psychological distress equally counts as harm.

Unlawful Searches and Seizures

Nevada law on search and seizure determines how officers gather evidence about a person suspected of committing a crime in the state. The police must obtain a legal warrant from the court before searching your home, vehicle, or person. The court will only issue a warrant with probable cause to believe that the crime occurred, and the search will uncover relevant evidence for prosecution.

If an officer lies during their application for a search warrant or the warrant is not specific, it is considered illegal. Often, police officers tend to rummage through your vehicle and belongings when searching for evidence. This can cause not only damage to your property but also physical and emotional distress. You can file a claim against the officers involved in the unlawful search for compensation for your damages.

Racial Profiling

Your race or ethnicity should not play any part in your arrest, apprehension, or investigations by law enforcement officers. Unfortunately, stories of black and brown drivers being unlawfully stopped amid suspicion of car theft are common. If you are a victim of racial profiling, you have a valid civil claim against the law enforcement officers and department.

Common areas where racial profiling by law enforcement officers occurs include:

  • Traffic stops,
  • Vehicle Searches
  • Immigration enforcement
  • Arrests
  • Jail and prison treatment.

When making a constitutional claim for racial profiling, your attorney can help you collect the following pieces of evidence to support the case:

  • Testimony from eyewitnesses who observed the officer target you due to your race or ethnicity
  • Video evidence of the officers engaging in racial profiling
  • Police records indicating that the alleged officer did not receive a description of the suspect that included race
  • Evidence of similar conduct from the officer in the Unlawful past.

Firearm Use

Police officers in Nevada use firearms for their own protection and to protect others. Unfortunately, some officers use these firearms to intimidate or harm suspects. While there are circumstances under which an officer can shoot someone, officers who shoot people without legal justification can be defendants in a civil claim.

Liability in a Police Misconduct Lawsuit 

You cannot be compensated for injuries resulting from police misconduct if no evidence supports your claim. Proving misconduct in these cases can be a complex undertaking. Additionally, establishing the person legally liable for your damages is challenging.

Each case arises from a different situation or form of misconduct. Therefore, you can file a claim against the officer who engaged in the misconduct or the department where they work. Some actions by the police, which are misconstrued as intentional harm, could result from inadequate training and experience.

Police misconduct like excessive force can cause severe mental, physical, and emotional injuries to a victim. Therefore, you are entitled to compensation. In this case, some of the factors you will need to prove when establishing liability include the following:

Your Constitutional Rights Were Violated

Even when being investigated or interrogated for a criminal offense, you have constitutional rights that law enforcement officers must respect. Two main causes of action arise from the fourth amendment on unlawful searches and seizures or the eighth amendment on cruel punishment.

The Person Who Violated Your Rights Acted in Their Professional Capacity. 

Most forms of police misconduct happen when an officer oversteps the boundaries while performing their professional duties. For example, police can search your home when you are suspected of committing a crime. However, if the officer does this without a valid warrant, you can claim police misconduct.

A claim of Qualified Immunity does Not cover the Individual.

There are cases when law enforcement officers are justified in using excessive force under the Nevada Revised Statutes, including the following:

  • Personal protection and protection of others. Police officers cannot use physical force and restraints on someone. However, if you are dangerous to the officer or another person, using force against you is justified.
  • You are part of a riot or unrest. In cases where individuals are unruly and rioting, police officers can use excessive force to calm the unrest.
  • Arrest a person who escapes incarceration. Escaping prison or jail can deem you a dangerous individual. For this reason, if an officer uses excessive force to arrest you and take you back to prison, you cannot have a valid claim of police misconduct.
  • Overcome resistance to arrest. Law enforcement officers who use force to overcome a person who resists arrest or other legal processes cannot be sued for misconduct.

If you can prove that the officer in your case does not fall under these categories, you can recover compensation for their actions.

Compensation in a Police Misconduct Lawsuit

Since police work involves using force against suspects, it may be challenging to prove that an officer’s actions are a form of misconduct. When you pursue a claim against law enforcement officers, the police department, or the city council, you must understand the laws that apply to your case.

Some of the hurdles you could face in your claim are the statutes of limitations. A statute of limitations is the period of time you have to file your claim. A police misconduct lawsuit is only valid when you file it within two years of the incident. If you win your case, you could be compensated for the following:

Medical Expenses

Police misconduct varies from minor acts like an unlawful arrest to severe issues like dog bites and extreme physical violence. Police brutality could leave you with severe injuries like dog bites and bullet wounds, among other injuries. In a successful claim, you will be compensated for the amount you used to treat your injuries.

A skilled lawyer will help you compile relevant evidence showing the injuries you suffered and the amount you incurred to treat them.

Lost Wages

While you nurse the injuries from police brutality or sit behind bars unlawfully, you could miss out on work days. Some defendants lose their jobs due to illegal arrests and detention. You will recover compensation if you prove that the unlawful acts caused you to lose your wages.

Pain and Suffering

The moments following an arrest and detention by the police can be emotionally draining. Being interrogated for hours without probable cause can take a toll on you. While you cannot quantify pain and suffering, you can recover compensation for the damages in your police misconduct lawsuit.

Wrongful Death

It is not uncommon for acts of police misconduct to result in a person’s death. Whether you are a victim of police dog bites, physical brutality, or a shooting, you can lose your life from the acts. If you lose a loved one to police misconduct, you can file a wrongful death claim. This will help you recover compensation for burial and funeral expenses.

Find a Competent Las Vegas Police Misconduct Lawyer Near Me

Few citizens are thrilled to deal with police officers. This is because most encounters with law enforcement officers end in ruffled feathers as each individual goes their way. However, not all individuals will turn a blind eye to the situation. Although a small percentage of police officers are reported for misconduct, some conflicts with the police may end in unnecessary injuries or even the death of a citizen.

Typical forms of police misconduct may include excessive force, neglect in police cells, racial profiling, and unlawful searches. Most of these forms of misconduct can result in serious injuries. If you or your loved one is a victim of police misconduct, you can file a civil claim against the officers for compensation.

Navigating a civil claim against a law enforcement officer can be challenging, given the statute of limitations and the protection this group of individuals receives from the government. Therefore, seeking expert legal guidance is critical. At the Las Vegas Personal Injury Attorney Law Firm, we offer expert legal advice to all our clients battling a police misconduct lawsuit in Las Vegas, NV. Contact us at 702-996-1224 for the much-needed guidance and representation needed to pursue your claim.