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

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Multi-State
Control #:
US-02211BG
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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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  • Preview Complaint against Police Officers and Municipality for False Arrest - Unlawful Detention
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FAQ

Examples of deliberate indifference include: Intentionally delaying medical care for a known injury or condition (e.g., a broken arm or withdrawal from drugs and/or alcohol). Intentionally failing to follow a doctors orders (e.g., a prison nurse intentionally failing to administer medication as ordered by the doctor)

The deliberate indifference definition refers to the intentional disregard of substantial safety or medical harm to a prisoner.

The Department's investigations most often involve alleged uses of excessive force, but also include sexual misconduct, theft, false arrest, and deliberate indifference to serious medical needs or a substantial risk of harm to a person in custody.

To state a claim of ?deliberate indifference to serious medical needs? under the Eighth Amendment, a plaintiff must show (1) that the risk of harm was objectively serious, and (2) the official consciously knew of, but disregarded that serious risk of harm.

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.

A common example of such a violation is when a police officer sees that a suspect requires medical attention and does not seek or provide that medical attention, or take other actions to sustain the suspect until needed help arrives.

Related Definitions Deliberately indifferent means clearly unreasonable in light of the known circumstances. The school district is deliberately indifferent only if its response to sexual harassment is clearly unreasonable in light of the known circumstances.

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