How to Sue a Police Department for the Violation of Constitutional Rights

The U.S. Constitution affords all citizens certain rights and privileges. Among those rights and privileges are a number of rights that directly relate to police conduct during investigations, questioning and arrest. Title 42 of the United States Code makes it unlawful for law enforcement officers acting under state authority to deprive anyone of her constitutional rights. If you believe a law enforcement officer has violated your constitutional rights, you may have the basis for a civil lawsuit.

• 1

  Read Title 42, Section 1983, of the United States Code (see Resources) to educate yourself regarding the legal foundation for most lawsuits stemming from police misconduct. Most lawsuits against a police department or police officer allege a violation of this section of the United States Code for false arrest, malicious prosecution, excessive force or failure to intervene.

• 2

  Exhaust all administrative remedies required by law before you prepare a lawsuit. Most state laws provide for administrative procedures, such as filing a formal complaint, that must be followed before you can file a formal lawsuit. Those same laws generally require the police department to formally answer or respond to your complaint.

• 3

  Determine that the police officer's conduct rose to the level required for a lawsuit. Police officers are afforded a great deal of latitude when performing their duties. They are protected from liability for their conduct unless it constitutes willful misconduct. You must prove that the officer intentionally or knowingly violated your constitutional rights.

• 4

  Contact an attorney if you believe that the officer's conduct was so egregious that you have a case that your constitutional rights were violated. Filing a lawsuit against the police is extremely complicated, and experienced legal advice is almost always necessary.