Police Misconduct Lawsuits in California SUING THE POLICE IS YOUR ONLY PRACTICAL REMEDY FOR VIOLATIONS OF YOUR CONSTITUTIONAL RIGHTS. Mr. Steering is a “civil rights lawyer” specializing in police misconduct cases***. He sues police officers, deputy sheriffs and other state and local peace officers, along with their municipal employers for damages for their violations of your federal Constitutional rights. Mr. Steering also sues police officers for misconduct claims under California state law. Usually we join the state law claims along with your federal claims in federal court, if they involve the same incident under the federal court’s supplemental jurisdiction. We sue because that is your only remedy to vindicate your honor, your dignity and your injuries; both “general damages” (present and future physical, mental, emotional distress, pain and suffering), and “special damages” (i.e. present and future medical bills, bail costs, attorney’s fees, lost wages and other damages that can be calculated mathematically.) SUING POLICE OFFICERS IN FEDERAL COURT FOR VIOLATING YOUR CONSTITUTIONAL RIGHTS; ENFORCING THE FOURTEENTH AMENDMENT. The keys to the federal courthouse is something call “federal question jurisdiction“. “Federal question jurisdiction” entitles a person whose federal constitutional rights were violated by persons acting “under the color of state law”, to sue under federal law, including in federal court itself, for redress. A typical situation involves a peace officer (i.e. deputy sheriff, police officer) violating the federal Constitutional rights of a civilian by using unreasonable force upon them and/or by falsely arresting them, and thereafter procuring their malicious criminal prosecution; today’s norm.) The federal court venue was traditionally very important to the enforcement of the Fourteenth Amendment, because black persons of African descent couldn’t get a fair trial in Southern state Superior Courts following the Civil War (that ended in late April of 1865.) Although starting-out as a Post-Civil War Southern “social organization”, the “Ku Klux Klan” soon became the local Southern “Sheriff and his deputized posse”, who terrorized and murdered black persons of African descent while acting “under the color of state law”; under the authority of the Sheriff. Imagine a “black widow” (not the spider type) suing the local Sheriff and his posse members for murdering her husband in a Post-Civil War Southern state Superior Court, where the judge and the jury members were either part of the murdering mob, or relatives and friends of those who were. Unless black persons had a remedy in a United States District Court, as a practical matter they had no remedy at all. The 14th Amendment grants citizenship to “all persons born or naturalized in the United States,” including and especially former slaves who had been “freed” with the ratification of the 13th Amendment (abolishing slavery) by the states on December 6, 1865. The 14th Amendment had been rejected by most Southern states, but was ratified by the required three-fourths of the states on July 28, 1868. Known as the “Reconstruction Amendment,” it makes any former slaves who were born in the United States, citizens, and forbids any state to deny any person (especially former slaves) “life, liberty or property, without due process of law” or to “deny to any person within its jurisdiction the equal protection of the laws.” Thereafter, in response to a letter to Congress from President Ulysses S. Grant, complaining of the conditions in the Southern states, on April 20, 1871 Congress enacted the the statute that we sue police officers under to this very day; The Ku Klux Klan Act of 1871; 42 U.S.C.§ 1983. Also known as the “Third Enforcement Act”, Congress enacted Section 1983 to enforce the 14th Amendment; at that time to provide black persons of African descent with a civil remedy for damages in federal court against “the Sheriff” and his posse, who were ”acting under the color of state law” when they violated their victims’ federal constitutional rights (i.e. murdering black people in the South and otherwise terrorizing them. This is the very same law that we sue police officers under to this very day. The Third Enforcement Act of 1871, also known as The Ku Klux Klan Act of 1871; 42 U.S.C. § 1983: “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.” Although the original immediate class of persons that the 14th Amendment was ratified to protect were black persons of African descent, those protections of the 14th Amendment apply to all persons. Mr. Steering has been suing police officers and deputy sheriffs under 42 U.S.C. § 1983 since 1984. When the state or local police violate your federal constitutional rights (that, by the way, are shrinking by the day), a Section 1983 action is your federal civil remedy, along with any state law remedies permitted in the state where the police abuse occurred. WHY THE COPS TRY TO DESTROY YOU; TO PROTECT THEMSELVES. The Police know that once they’ve crossed-over a clear and well-defined Constitutional boundary, such as your Constitutional right to be free from a sadistic police beating (U.S. Const. Amends. 4 and 14), that they must immediately take steps to shift the blame for their use of force upon you; for it certainly can’t fall upon them, lest they be considered monsters; “Bad Apples”. Their first step being to either immediately arrest you, or to restrain or confine your freedom to leave their presence. This is done as a matter of reflex, rather than a product of reflection, by police authorities. You’re not going anywhere until the police figure-out what to do with you. Hospital, Jail, or otherwise. It’s automatic for you to be taken to jail, even if you’re taken for a humiliating visit to the hospital (bloody and in handcuffs, being escorted by the police), on the way there. It doesn’t matter that you committed no crime. All that does matter at that time, is that they did (i.e. they beat you up; federal and state crimes), and they don’t plan on taking the blame for doing so. They justify their behavior, by accusing you of de minimis and vague criminal offenses; especially of California Penal Code Section 148(a)(1) (Resisting / Obstructing / Delaying a Peace Officer.) If your sadistic police beating was bad enough to be actually kept in the hospital, or if it’s obvious to the Patrol Sergeant that the patient didn’t deserve what he got (and assuming that your Patrol Sergeant isn’t the truly creepy kind, you may be given a Citation to appear in Court, or you might even get “long formed”. Getting “long formed” is police lingo (in the real world), for not formally arresting you now, but nonetheless concocting a phony story about the event that resulted in you being in the hospital, and based upon the template of the bogus story, create phony reports to support that story, and conceal and destroy evidence that belies the concocted story, such a deleting an audio or video recording of the actual incident complained of, or a materially significant portion of any such recording. Usually, the officers create not all that serious allegations of criminality by you; not enough for you to realistically be exposed to any jail time, but serious enough to justify their conduct, and, most importantly, serious enough to get you criminally prosecuted. The police really do create false and misleading police reports to shore-up the odds, that some young and ambitious Deputy District Attorney, will want to endear himself to a police agency, by protecting them from civil liability. The young and ambitious Deputy District Attorney files a criminal case against you for violation of California Penal Code Sections 148(a)(1) (Resisting / Obstructing / Delaying a Peace Officer), and Sections 240/241(c) and 242/243(b); Assault and Battery on a Peace Officer. Now what do you do? If you take a plea bargain, you can’t sue for the damages that you suffered from being falsely arrest and falsely prosecuted for a crime, and the mental and financial toll that being falsely arrested and falsely prosecuted takes on one (i.e. job loss, attorney’s fees.) If, rather than take a plea bargain, and you stand your ground and defend yourself in court, you can pay many thousands of dollars for a lawyer, to defend you on a bogus criminal charge, that is usually a misdemeanor, and usually will result in no jail time, and a de minimis fine. What do you do? Do you spend the money on a lawyer and hope that things work about and that after you prevail on your criminal case, that you can sue and get pay-back and paid back? Mr. Steering has been contemporaneously defending these bogus Police Misconduct criminal actions, and prosecuting civil rights lawsuits for victims of police outrages, since 1984. He will know what to do in your particular case. SUING THE POLICE FOR CONSTITUTIONAL VIOLATIONS AND OTHER TORTIOUS CONDUCT, WHEN NO CRIMINAL CASE HAS BEEN FILED AGAINST THE POLICE MISCONDUCT VICTIM. In many cases, notwithstanding efforts by local police agencies to procure the filing of a bogus criminal case against the victim of their oppression, Deputy DA’s see the same reports from the same cops, that again and again and again, seek the criminal prosecution of persons for “resisting / obstructing / delaying a peace office in the lawful performance of his/her duties”, when the “suspect” always ends-up in the hospital. Therefore, many times, we can proceed to sue the officers in the appropriate court (usually federal court), without having to wait for the conclusion of underlying bogus criminal proceedings, since they will not be any. If you want to know what do to if you’ve been falsely arrested, retaliated against for exercise of your constitutional rights, beaten-up by the police or maliciously prosecuted, please contact us at (949) 474-1849 or firstname.lastname@example.org. Thank you for visiting with us, and best of luck. Even if you have a legal question that’s important to you, and you just need lawyer input, we’ll be glad to answer your questions. Thank you again for visiting with us. Jerry L. Steering, Esq. What to Do If You Have Been Falsely Arrested or Beaten-up by the Police – Click Here ***The State Bar of California does not recognize a specialty in police misconduct which is most of Mr. Steering’s law practice. *In the District of Columbia only. **In Beverly Hills Office only.