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

State:
Multi-State
Control #:
US-02211BG
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Word; 
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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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FAQ

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.

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.

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).

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.

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.

Most police departments around the country have an internal affairs division that is responsible for investigating misconduct allegations and disciplining officers.

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