Mistreated by police or government

What happened to you was wrong, and it may be a claim

You replay it constantly: the moment it escalated, the words you said, what you should have done differently. Stop there for a moment. Police officers and jail staff have legal limits on what they may do, whatever you said, and whether they stayed within those limits is the question that matters.

This page covers the most common kinds of police and custody misconduct, what you can do now to protect a claim, and why the first steps have to happen quickly.

Tell us what happened

The kinds of claims people bring

Most police and jail cases fall into a few broad kinds:

Excessive force: force beyond what was reasonable in the situation, judged by what a reasonable officer would have done at that moment. For someone serving a prison sentence, the test is harder to meet.
False arrest or unlawful search: being arrested, detained or searched without the legal justification the Constitution requires.
Malicious prosecution: being charged without a proper basis, where the case later ended in your favor.
Mistreatment in jail or prison: violence by staff, failure to protect you from others, or denial of needed medical or mental health care.
Retaliation: being targeted because of something you lawfully said, recorded or reported.

Protect the evidence now

Video disappears. Body camera footage, jail cameras and store security systems may be kept only for a limited time. Write down every camera you remember, and every witness. Save your own phone video in more than one place. Photograph your injuries as they change, and get medical care and keep the records. A lawyer can send formal requests to preserve footage, which is one reason to move early.

Notice rules for government bodies

Many states require a formal written notice before you can bring certain claims against a city, county, state or their employees, and that notice can be due far sooner than the time to sue. The rules vary by state and by the kind of claim. If you do nothing else this week, find out whether a notice rule applies to you by speaking with a lawyer licensed where it happened.

If you have criminal charges

Many people hurt by police are also charged with something, such as resisting arrest. The outcome of those charges can affect a civil claim, and what you say about the incident can affect the criminal case. Work with your criminal defense lawyer first, and tell us about the charges when you contact us.

What helps to have ready

Any arrest report, ticket to appear in court, booking number or court case number.
Names or badge numbers of the officers or staff, and the department or facility.
Your own photos and video, and a list of every camera you think may have recorded it.
Names and contact details of witnesses.
Medical records and bills from treatment afterward.
The outcome of any charges, or the name of your criminal defense lawyer.

What to have ready before you talk to a lawyer
A short, practical list you can use for any kind of problem.

Where we fit in

A lawyer at our firm looks at your case. If we take it and another firm is better placed to lead it day to day, we choose that firm from firms we have vetted for their expertise and track record, and we stay responsible for your case with them.

Questions people ask

Should I file a complaint with the police department?

You can, and some people want to. Be aware that what you write can be used later, including in any criminal case. It's worth speaking with a lawyer before you make a detailed written or recorded statement.

My family member died in custody. What should we do first?

We are so sorry. If you can, ask for the medical examiner's report when it becomes available, keep every letter from the facility, and write down what you were told and by whom. Notice deadlines can apply to these claims as well, so speaking with a lawyer early matters, even while you grieve.

I wasn't badly hurt. Is there any point?

Possibly. Being arrested or searched without cause is a violation in its own right, even without a serious injury. Whether a claim is worth bringing is a fair question, and the lawyer reviewing your inquiry can talk it through honestly with you.

Convicted of something you didn't do
If the misconduct led to a conviction that has since been overturned.
When an institution failed to protect you
If the harm was sexual abuse by staff in a jail, prison or juvenile facility.

More about mistreated by police or government

This page explains things in general terms. It is not legal advice about your situation, and the law differs from state to state.