{"id":376892,"date":"2019-06-06T13:08:32","date_gmt":"2019-06-06T18:08:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/police-misconduct-claims-in-virginia.html"},"modified":"2019-06-07T12:34:04","modified_gmt":"2019-06-07T17:34:04","slug":"police-misconduct-claims-in-virginia","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/police-misconduct-claims-in-virginia.html","title":{"rendered":"Police Misconduct Claims in Virginia"},"content":{"rendered":"\n
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Police Misconduct Claims in Virginia<\/h1>\n
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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
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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

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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 in Virginia have the responsibility to ensure the safety of citizens. While most cops perform their duties without incident, some officers cross the line and use excessive force<\/a> to apprehend individuals. This type of police misconduct -police brutality-seems to attract the most attention and media coverage, likely due to the serious injury or death that can result.<\/p>\r\n

However, police misconduct<\/a> is a broad category that includes several types of misdeeds by law enforcement officers, including false arrest and imprisonment, evidence tampering, sexual misconduct, discrimination, and harassment, among others. When police misconduct occurs, the victims of such abuse may be entitled to receive compensation for the violation of their constitutional rights. This can be pursued by filing a police misconduct claim.<\/p>\r\n

Qualified Immunity<\/h2>\r\n

Unfortunately, for the victims, officers may escape liability for police misconduct because of the doctrine of "qualified immunity."<\/a> This refers to the protection that police officers and law enforcement agencies receive which prevents many claims from being leveled against them in court. It’s based on the notion that the officers should be able to do their job without the threat of litigation looming with every contact that they make with the public.<\/p>\r\n

If the police officer’s conduct doesn’t violate "clearly established statutory or constitutional rights of which a reasonable person would have known", then they enjoy qualified immunity. This high burden makes it more difficult for plaintiffs seeking civil recovery against police officers.<\/p>\r\n

Police Misconduct Claims in Virginia at a Glance<\/h2>\r\n

Although it’s a good idea to refer to the relevant statutes when performing legal research, it can be frustrating getting through the legal jargon. Read the chart below for a breakdown of police misconduct laws and claims in Virginia, written in plain English.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Virginia Code Title 8.01 Civil Remedies and Procedure:<\/p>\r\n

Recoverable Damages<\/b><\/p>\r\n

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Possible recoverable damages include:<\/p>\r\n

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  • Medical expenses<\/li>\r\n
  • Lost wages and earnings<\/li>\r\n
  • Emotional distress<\/li>\r\n
  • Public humiliation<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Statute of Limitations<\/b><\/p>\r\n<\/td>\r\n

The statute of limitations for personal injury claims is 2 years.<\/b><\/i> For police misconduct claims in Virginia, it begins running on the date that the incident of misconduct occurred.<\/p>\r\n<\/td>\r\n<\/tr>

Related Statute<\/b><\/p>\r\n<\/td>\r\n

Virginia Code Title 18.2 Section 18.2-479.1 (<\/a>fleeing from a law enforcement officer)<\/i><\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/i><\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Police Misconduct Claims in Virginia: Related Resources<\/h2>\r\n