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

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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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  • 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

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.

Intimidation. Another tactic the police could utilize is to verbally and emotionally intimidate you. They could yell at you or throw papers at you to scare you. The police could also keep you in the interrogation room for hours or throughout the night to wear you down until you confess.

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.

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.

One of the most common forms of police misconduct comes from the use of excessive force. This is when an officer uses violent force to detain or restrain a suspect far beyond what is actually necessary, resulting in undue harm to the suspect.

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 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.

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