Colorado Complaint against Police Officers and Municipality for False Arrest - Unlawful Detention

State:
Multi-State
Control #:
US-02211BG
Format:
Word; 
Rich Text
Instant download

Description

Persons who may be held liable under 42 U.S.C.A. §1983 for violating another person's federally protected rights include municipal corporations. A supervising authority, such as a city, may be liable under § 1983 for failing to train police officers when the failure to train demonstrates deliberate indifference to the constitutional rights of those with whom the officers may come into contact.


A police officer may be liable under state law for battery when he or she uses excessive force to affect an arrest. A police officer may also be found liable for damages under 42 U.S.C.A. § 1983 for violating an arrestee's constitutional rights by using unreasonable force in effecting an arrest.

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  • Preview Complaint against Police Officers and Municipality for False Arrest - Unlawful Detention
  • Preview Complaint against Police Officers and Municipality for False Arrest - Unlawful Detention

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FAQ

False Imprisonment is usually charged as a class 2 misdemeanor, which is punishable by up to one year in jail. However, when force or threat of force is used and the victim is held longer than 12 hours, it is considered a class 5 felony in Jefferson County with a possible sentence of 3 years in prison.

If you believe a police officer or a police department failed to properly investigate a crime or that their actions were in violation of your rights, you can: Complain directly to the police department. File a complaint for police misconduct with the Independent Office for Police Conduct (IOPC).

Yes, under certain circumstances, it is within your legal rights to sue a police department. As a government agency, police departments in the U.S. have sovereign immunity, which protects them against most legal claims. However, this protection can be lifted if you can prove there was willful and unlawful behavior.

A person desiring to make a complaint may contact any Department office or the Department's Headquarters in Austin and will be furnished the name and address of the person to whom the complaint should be directed.

The most common form of police misconduct is police brutality, also known as excessive force or violence. Force may be necessary to stop a criminal, especially if they're committing assault or battery on another person.

Consequences of Police Misconduct in California Specifically concerning the victim, police misconduct can lead to physical and/or emotional harm. It can also result in wrongful convictions, which means an innocent person may spend years behind bars because a law enforcement official abused their powers.

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Colorado Complaint against Police Officers and Municipality for False Arrest - Unlawful Detention