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Can I overcome an officer’s qualified immunity defense?

On Behalf of | Jul 2, 2018 | Firm News

If your encounter with a police officer ended in an arrest, it’s important to determine whether the police officer followed proper procedures and did not violate your rights in the course of the arrest. At the same time, you’ll need to build a strong legal defense to fight the charges based on the evidence against you.

If the arresting officer violated your rights in the course of your interaction, it could potentially weaken the charges against you. You might even have grounds to sue the officer for misconduct or claim misconduct as part of your defense. However, to successfully challenge the conduct of a police officer, you must overcome his or her qualified immunity defense, something that’s easier said than done.

Protecting your rights is always a significant concern, so make sure that you fully understand the legal tools that you have at your disposal to protect yourself and your rights.

What is the qualified immunity defense?

In theory, qualified immunity enables police officers to enforce the law without fear of unnecessary litigation by granting the officer immunity to many kinds of claims of misconduct. As long as the officer does not violate the constitutional or statutory rights of suspects during the stop, he or she may generally enforce the law without fear of facing legal consequences.

However, there are limits to this protection. If an officer commits unnecessary cruelty or otherwise violates a suspect’s constitutional rights, he or she may still face prosecution. At the very least, this egregious behavior may forfeit the grounds to prosecute a crime if the officer broke the law while making an arrest.

Overcoming qualified immunity

In order to get past qualified immunity, you must present compelling evidence that the police officer(s) in question violated your constitutional or statutory rights. Commonly, these are violations of an individual’s rights against cruel or unusual punishment, or the right against unlawful searches and seizures.

However you choose to approach the matter, you must demonstrate that some specific act by the officer violated your rights. This can take many forms, so be sure to carefully document the interaction you have with the officer and any resulting property damage or physical injuries.

Protecting your rights begins now

The sooner that you begin building a strong legal defense, the sooner you can begin protecting your interests and rights. Do your part to put an end to police brutality and mistreatment of suspects, making the streets safer for all in the process.


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