{"id":374047,"date":"2019-05-31T00:00:00","date_gmt":"2019-05-31T05:00:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/police-misconduct-laws-and-claims-in-massachusetts.html"},"modified":"2019-05-31T00:00:00","modified_gmt":"2019-05-31T05:00:00","slug":"police-misconduct-laws-and-claims-in-massachusetts","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/police-misconduct-laws-and-claims-in-massachusetts.html","title":{"rendered":"Police Misconduct Laws and Claims in Massachusetts"},"content":{"rendered":"\n
\n \n
\n

Police Misconduct Laws and Claims in Massachusetts<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

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
\n

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

It’s never a good idea to resist an order from a police officer as doing so could result in charges for resisting arrest. Even if it’s later shown to have been an improper arrest, civilians must submit to the reasonable restraint and arrest of an officer. But when an officer acts beyond the scope of their authority, like when they use excessive force, you may be able to file a claim. Police misconduct is illegal under federal civil rights and Massachusetts criminal laws.<\/p>\r\n

In addition to excessive force, police misconduct can include unlawful arrest, wrongful imprisonment, racial profiling, or performing an unlawful search and seizure<\/a> (in violation of the Fourth Amendment). However, keep in mind that police are protected by "qualified immunity<\/a>" as long as their actions don’t violate specific individual rights.<\/p>\r\n

Note:<\/b> If you’ve been charged with criminal misconduct, seek advice from an attorney before filing a complaint against a police officer. A claim or complaint against a police officer while you have charges pending may waive your right to remain silent. Any information contained in your police misconduct complaint or claim may be used against you.<\/i><\/p>\r\n

The following is a primer on police misconduct laws and claims in Massachusetts, including summaries of federal law.<\/p>\r\n

Massachusetts Police Misconduct Laws and Claims: The Basics<\/h2>\r\n

It can be quite difficult figuring out where to turn when your rights have been violated, especially when it’s the police who’ve wronged you. There are three options for complaining of police misconduct:<\/p>\r\n