Excessive force by police and other law enforcement is an unfortunate yet all too common occurrence. Historical data from the Bureau of Justice Statistics estimates that more than 800 people die each year while being arrested. The behavior of law enforcement to apply force beyond what is reasonably believed to be necessary in order to gain compliance from a subject has harmed or killed many of our firm’s clients, and our firm aggressively represents families on the victim’s behalf. The nationally publicized Keith Scott incident was a clear example of how those with traumatic brain injuries or other disabilities can become a victim. But there are countless victims who have never received the justice they deserve or know their rights. What many do not know is that our firm not only represented the Keith Scott family, but we have also represented dozens of other families who seek and demand justice. If you or someone you know has been a victim of excessive force or misconduct resulting in a serious injury or death, consulting with a lawyer may help. Consultations are kept confidential and have no cost.
Police misconduct exists on a variety of levels, several of which will be discussed below:
Unsafe operation of police cruiser or other equipment
Police offers must complete rigorous training in order to operate the department’s equipment. Unfortunately, lapses in judgment often result in the serious injury and even the death of innocent bystanders. Unnecessary speeding in a police cruiser carries the same dangers as most any other driver may incur. High speeds through neighborhoods with lower speed limits have resulted in the injury or death of several of our clients.
Discharging of Weapons
Officers are trained to shoot to kill when their lives are threatened. Unfortunately, this training has led to many accidental shootings resulting in the death of a friend or loved one when the use of lethal force was not necessary. The debate of using lethal force has been ongoing for decades, and what the exact rules are is difficult to determine here, but can be better determined by speaking with one of our lawyers in a confidential consultation.
False arrests occur when an officer of the law arrests a citizen without probable cause or a warrant from a judge. A false arrest violates federal civil rights laws, as well as common law granted to you by the state of North Carolina. You may be entitled to compensation for false arrest if you have suffered physical pain, loss of wages, injury reputation, and potentially any expenses. To determine if you have a valid case, one should consult with a lawyer.
Sexual Harassment and Abuse
According to a study by the Associated Press over a six-year period from 2009-2014, more than 1000 officers lost their enforcement license due to sexual assaults and other sex crimes. These crimes included sodomy, rape, possession of child pornography, on duty intercourse, and propositioning citizens. Of the 1000 officers involved in the study, more than half, 550, lost their badge due to sexual assault, rape, groping an others sexual favors to avoid arrest. Many of the victims were juveniles. If you or someone you know has been sexually assaulted by a law enforcement officer, contacting a lawyer for a private, confidential consultation can offer insight to your rights, the laws and how they apply, as well as understand what your next steps are. You should not have to go through this alone, and you do not have an obligation to pursue a case.
Arrest Related Deaths
Often referred to as an ARD, arrest related deaths became a concern and the passage of the Death in Custody Reporting Act of 2000 allowed the Bureau of Justice Statistics (BJS) to begin collecting data. From 2003 through 2009 the BJS obtained more than 4,800 reports through the ARD program. Annually, this means that an arrest-related death occurred at least two times per day, or 800 deaths each a year.
SECTION 1983 CLAIMS
Section 1983 refers to the federal civil rights law that allows individuals to seek accountability and compensation against government agents acting under the color of law for violations of established constitutional rights. Section 1983 claims for constitutional violations potentially include:
- Excessive police force
- Deliberate indifference to medical needs of detainees and prisoners
- False arrest and false imprisonment
The violation of constitutional rights is a very serious matter. Contact us at (704) 376-1911 or toll-free at 1-(800) 977-3077 if you have been affected by an injury or death from a potential constitutional violation.
NOTABLE CASES WE’VE HANDLED
September 20, 2016: Keith Lamont Scott
Mr. Scott was shot and killed by Charlotte Mecklenburg Police while waiting for his child to get home from school. This is an ongoing case. Click here to view Mr. Monnett’s comments about the Keith Lamont Scott incident on CNN.com.
September 14, 2013: Jonathan Ferrell
Mr. Ferrell, unarmed, was shot and killed by Charlotte Mecklenburg Police Officer Randall Kerrick when trying to look for help after he crashed his car. The City of Charlotte settled with Mr. Ferrell’s family in an unprecedented amount of $2.25 million.
Contact Our Police Misconduct Attorneys
Our attorneys have experience pursuing these difficult cases. If you have been injured or if a loved one has been killed by excessive police force, please contact us at (704) 376-1911 or toll-free at 1-(800) 977-3077.
Three Ways We Can Help You Today
- Help you understand your rights as they apply to your unique case
- Help you to know which medical treatments may be needed
- Help take calls and handle the paper work from insurance companies
I was involved in an accident with an uninsured driver, so I contacted the attorney that I had used in a previous case. I explained to them the situation and they advised me that there was no way that I would be able to recover anything so they would not take my case. I then contacted Charles Monnett & Associates and they accepted my case and I am happy to say that their expert staff was able to settle my case with the insurance companies for $128,000.
In October 2010, my pregnant wife and I were in a horrendous accident in Charlotte, NC, caused by a drunk driver. We were struck head on by the driver traveling at nearly 100mph and sustained many life threatening injuries. We lost our unborn baby and were fighting to stay alive ourselves. This is not a time we could even think about an attorney, but fortunately, people we care about found Mr. Monnett! This incredible man visited us in the hospital at our request and made everything so easy for us during such a trying time. There's not another person on earth with whom I would trust such an important endeavor. His experience and knowledge overshadowed the defense by leaps and bounds. Mr. Monnett remained steadfast and confident throughout the process, while ultimately prevailing, it was amazing. I offer my highest recommendation to this great man and his top notch firm.
Charles Monnett was very helpful and lead me through the whole legality of my case. Charles was always available and informative on this process.