Police misconduct and brutality are hot-button issues these days, but misconduct by peace officers have been taking place since long before media coverage. In cases where police officers are at fault and guilty of misconduct, victims may be able to pursue monetary compensation in a police misconduct lawsuit.
In 2022, police officers shot 1,097 citizens[1]. While not every shooting results from police misconduct, police regulations state that officers can only use a firearm in extreme cases. Studies also show that as much as 50% of all wrongful convictions[2] were the result of police misconduct.
When the individuals we trust to protect us are the ones that inflict harm, significant mental anguish can accompany potentially serious physical injuries. In some extreme cases, death can also occur.
Police misconduct happens among many types of law enforcement officers and officials, including, but not limited to:
- Police officers
- Local law enforcement
- State and federal officers
- Correctional officers
If you were a victim of police misconduct, you may be eligible for a police misconduct lawsuit settlement to cover any medical expenses, lost wages, and pain and suffering. Depending on the status of your lawsuit, you may also be eligible for police misconduct lawsuit pre-settlement funding.
Common Types of Police Misconduct Lawsuits
Police misconduct isn’t always about police shootings or wrongful convictions. In fact, police misconduct comes in many forms. Below is a look at some common types of police misconduct lawsuits.
Excessive Force
Excessive force is one of the most common types of police misconduct. While officers have some leeway regarding use of force, it must be reasonable and necessary. There have been numerous cases of police officers using too much force, given the conditions. This can result in police misconduct.
False Arrest/Imprisonment
Police must have reasonable cause before arresting or even detaining a person. Failure to meet this standard can result in false arrest or imprisonment and put the officer in jeopardy of a misconduct lawsuit.
Malicious Prosecution
If an officer arrests a person without probable cause or for personal reasons not in accordance with the law, this could be considered malicious prosecution.
Violation of Civil Rights
Police officers must protect the rights of every citizen in accordance with the U.S. Constitution. Failure to do so can be a civil rights violation, which may then become a police misconduct issue. Examples of civil rights violations include unreasonable search and seizure, failure to grant freedom of speech, and discrimination.
Police Brutality
Police brutality involves extreme force against a person or group that causes significant injury or damage. It’s one of the most severe types of police misconduct.
Police Misconduct Information & Statistics
According to the U.S. Department of Justice[3], some police misconduct cases involve physical assault. Many of those cases happen during an arrest or detainment. Officers may be guilty of police misconduct if they use unnecessary or excessive force when detaining or arresting a suspect.
Sexual misconduct can also result in a police misconduct lawsuit. For example, officers may commit nonconsensual sexual acts with individuals in their custody. Sexual misconduct also happens in jails, where patrol officers and wardens may be guilty of committing such acts. In some cases of sexual misconduct, officers have been guilty of coercion and threatening their victims with falsified criminal charges and other consequences if they failed to comply.
When it comes to excessive force, although police officers can technically use force when needed (most often to protect themselves or civilians in imminent danger), what is “necessary” can be subjective. Each side of the story can tell two completely different things: A police officer may claim that force is necessary, whereas the other individual may insist they were fully cooperative.
Documenting Police Misconduct
Victims of police misconduct typically file complaints with the proper local departments and then go from there. Some victims may choose to go straight to an attorney for help. If a police officer is guilty of misconduct or excessive force, not only are there criminal implications, but the victim may also pursue damages in the form of a police misconduct lawsuit.
These types of lawsuits work a bit differently than accident lawsuits and, in general, can be a bit more complex. The plaintiff in these lawsuits usually needs to prove the officer acted unprofessionally. This is why it’s so important to maintain complete documentation of all police misconduct issues, which can include:
- Cell phone and body cam videos
- Police reports
- Complaint forms
- 911 reports
- Witness statements
Pre Settlement Funding for Police Misconduct Lawsuits
Because certain cases might take a while to finalize, it can be a long time before plaintiffs see settlement money. Instead of waiting for a lawsuit to finish before receiving compensation, consider exploring the option of pre-settlement funding, also commonly known as a lawsuit advance.
Pre-settlement funding allows you to receive a portion of your settlement money before finalizing your lawsuit. Lawsuits can be very time-consuming, and it can take months before your case settles. If you’re struggling to keep up with your current expenses, you risk going deep into debt. This is where pre-settlement funding can help. With this type of funding, you receive a portion of the money now and only pay it back once you receive your settlement. You can use these funds for your personal expenses, helping you avoid going into debt.
At USClaims, we want to help victims receive the funding they need now rather than later.
Benefits of Police Misconducts Pre-Settlement Funding
With police misconduct pre-settlement funding, you’ll not only have access to the critical funds you need, but it’s also a non-recourse cash advance.
This means that you only pay USClaims when (and if) you win your lawsuit. You can use this cash advance to cover some of your current expenses without worrying about paying anything.
How long does it take for you to get approved for pre-settlement funding for your police misconduct case?
Once your request for funding is approved and USClaims receives the signed contract, you can receive funding in your bank account in as little as 24 hours. Our team diligently reviews your police misconduct lawsuit pre-settlement funding applications as quickly as possible to make sure you get the funding you need when you need it.
What are the requirements for pre-settlement funding for your police misconduct lawsuit?
To be eligible for pre-settlement funding, you must:
- Be part of a police misconduct lawsuit with credible merits.
- Be working with an attorney on a contingency basis.
We determine final eligibility for pre-settlement funding on a case-by-case basis.
How to Obtain Police Misconduct Pre-Settlement Funding
If you think you may be eligible for pre-settlement funding for a police misconduct lawsuit, your first step is to hire an attorney to review your claim. During the review process, we may ask for additional information or documentation.
Once everything is in order, we’ll notify you about approval. If your application is accepted, the disbursement of funds could occur through direct deposit into your account, issuance of checks, distribution via debit cards, or even payment to third parties as per your requests, such as medical providers.
How Much Money Can You Get Through Pre-Settlement Funding for Your Police Misconduct Lawsuit?
While the exact amount of pre-settlement funding varies from case to case, you can expect to receive up to 10% of the total amount of the lawsuit. Once we approve your application, we’ll let you know exactly how much pre-settlement funding you can expect.
The impacts of police misconduct can have far-reaching consequences on you and your family. While you come to terms with the trauma and work to fight for your rights, we can help you bear the financial burden with a number of pre-settlement funding options, which include pre-settlement funding for wrongful conviction.
Visit our FAQs page for answers to our most frequently asked questions or call us today at 1-877-USCLAIMS to get started with your application.
FAQS
How long does it typically take for you to receive pre-settlement funding for your police misconduct lawsuit?
Upon approval of your application and signing of your contract, you can receive your pre-settlement funding for your police misconduct lawsuit in as little as 24 business day hours.
Will your attorney need to be involved in the pre-settlement funding process for your police misconduct lawsuit?
Yes. To qualify for pre-settlement funding, you must be working with an attorney on a contingency basis. We’ll work directly with your attorney to determine the status of your case, your eligibility for funding, and the amount of pre-settlement funding you can receive. And we will need to have your attorney sign off on the funding.
Sources
- Statista Research Department. “People Shot to Death by U.S. Police, by Race 2017-2018 | Statistic.” Statista, Statista, 30 Nov. 2020, www.statista.com/statistics/585152/people-shot-to-death-by-us-police-by-race/.
- “Police Misconduct | Police Corruption | CIP.” California Innocence Project, 2019, californiainnocenceproject.org/issues-we-face/police-misconduct/.
- “Law Enforcement Misconduct.” Www.justice.gov, 26 Sept. 2016, www.justice.gov/crt/law-enforcement-misconduct#iap.
