{"id":355605,"date":"2016-04-04T10:41:57","date_gmt":"2016-04-04T15:41:57","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/civilrights\/civil-rights-overview\/police-misconduct-and-civil-rights.html"},"modified":"2023-10-09T12:29:02","modified_gmt":"2023-10-09T17:29:02","slug":"police-misconduct-and-civil-rights","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/civilrights\/civil-rights-overview\/police-misconduct-and-civil-rights.html","title":{"rendered":"Police Misconduct and Civil Rights"},"content":{"rendered":"\n
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Police Misconduct and Civil Rights<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Police officers generally have broad powers to carry out their duties. The Constitution and other laws place limits on how far police can go to enforce the law. These civil rights protect people from police misconduct.<\/p>\r\n

As illustrated by the videotaped beating of motorist Rodney King in Los Angeles and the strangulation of arrestee George Floyd in Minneapolis, police officers sometimes go too far.<\/p>\r\n

When this happens, the victims of the misconduct, or their surviving family members, may have recourse through federal and state laws.<\/a><\/p>\r\n

A primary purpose of the nation’s civil rights laws is to protect citizens from abuses by the government, including police misconduct.<\/p>\r\n

Civil rights laws allow attorney fees and compensatory and punitive damages as incentives for injured parties to enforce their rights.<\/p>\r\n

Overcoming Qualified Immunity<\/h2>\r\n

Being stopped and questioned by law enforcement officers about a crime is an unsettling experience for almost anyone. But as long as an officer performs their job correctly, there is no violation of a suspect’s rights.<\/p>\r\n

Police officers are immune<\/a> from lawsuits for the performance of their jobs unless they engage in willful, unreasonable conduct. Mere negligence, or failing to exercise due care, is not enough to create liability. But conduct like racial profiling or police abuse can lead to liability.<\/p>\r\n

So, qualified immunity<\/a> means that in the typical police-suspect interaction, the suspect cannot sue the police, local government employees, or a law enforcement agency. Civil rights remedies come into play for willful police conduct that violates a person’s constitutional rights.<\/p>\r\n

Civil Rights Laws and Police Misconduct<\/h2>\r\n

A statute known as 42 U.S.C. \u00a7 1983<\/a> is the primary civil rights law victims of police misconduct rely upon. This law is part of the Civil Rights Act of 1871. The law was intended to curb oppressive conduct by government and private people in vigilante groups, such as the Ku Klux Klan.<\/p>\r\n

Section 1983 makes it unlawful for anyone acting under the authority of state law to deprive another person of their rights under the Constitution or federal law.<\/p>\r\n

The most common claims brought against police officers are:<\/p>\r\n