Atlanta Police Misconduct Attorney

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When law enforcement officers abuse their authority, victims may have the right to seek justice through a police misconduct claim. You can fight to hold the government accountable for what they have done.

At Hall & Lampros, LLP, we have over 60 years of experience in fighting for the rights of victims, whether they have been hurt in an accident or have been victimized by wrongful police actions. Attorney Chris Hall has obtained numerous settlements in cases against police departments for things like excessive force and wrongful detention. He will be your voice when you are fighting for the Justice you deserve.

Hall & Lampros is located at 300 Galleria Pkwy Ste 300, Atlanta, GA 30339, in the Atlanta Galleria Office Park. Call us today at (404) 876-8100 to schedule a free initial consultation.

Contact Hall & Lampros, LLP

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Misconduct in the Atlanta Police Department

Although the police are in the role of serving and protecting the public, they have been known to break the law themselves in the performance of their duties. The Atlanta Police Department has experienced numerous misconduct scandals in the past that have sullied its reputation.

For example, the Atlanta Police Department was recently sued by a protester who claimed that the police have shown a pattern of illegal arrests of those who are demonstrating against the construction of a training facility in violation of their First Amendment rights. In perhaps the worst scandal in APD history, police officers were accused of falsifying information that formed the basis of a no-knock warrant that led to the death of a 92-year old woman.

The same police who are tasked with enforcing the law can violate it in various ways, beyond the use of excessive force against suspects. Some common examples of police misconduct in Atlanta include the following:

  • False arrests: Making an arrest of a suspect without probable cause or as a means of retaliation.
  • Planted evidence or evidence tampering: Police intentionally create, alter, or plant false evidence to justify arrests, prosecutions, or convictions.
  • Police perjury: Falsely testifying against suspects to obtain a search warrant or against defendants on the stand, when they are under oath.
  • Bribe taking: Innocent people may be prosecuted because the true suspect (or someone else with an interest) may have bribed a police officer

Lawsuits for Police Misconduct Under Federal and Georgia Law

When police engage in corrupt practices, it does more than just break the law. It violates your rights as a citizen. When you have been the victim of any type of police misconduct, you have remedies under the law. Depending on the type of violation at issue, and the advice of your police misconduct lawyer, you can file a lawsuit under federal or Georgia law.

42 U.S.C. § 1983 is the federal civil rights law under which victims of misconduct can sue the police. There are two primary elements that you must prove in a civil rights lawsuit:

  • The defendant acted under the “color of law,” meaning that they used their governmental authority to commit an act.
  • The defendant deprived you of a right that was protected under the United States Constitution or another federal law.

You may potentially sue the following defendants under 42 U.S.C. § 1983:

  • The individual police officer who engaged in the misconduct
  • The City of Atlanta (under a Monell claim when the violation was a widespread practice or due to a failure to train or supervise)
  • The supervisor under whom the police officer worked if you are able to prove that they knew or should have known about the conduct and were indifferent to it
  • The Fulton County Sheriff’s Office

Alternatively, Georgia law can form the basis of your police misconduct lawsuit. Here, your case would typically be filed under Georgia common law. For example, if you were the victim of a wrongful arrest, you could file a common law case for wrongful imprisonment. If the violation resulted in an improper use of force, you may be able to file a lawsuit for assault and battery. However, your common law claim would typically be against the individual officer since the government has immunity in many circumstances.

Compensation in a Police Misconduct Lawsuit

If your police misconduct lawsuit is successful, you may be entitled to damages for all of the harm that you have suffered. There is no absolute cap in a federal civil rights lawsuit or a claim against the individual officer under state law. You may be paid for the entire scope of both your financial and non-economic losses, such as emotional distress and pain and suffering. The only limitation is that you typically cannot receive punitive damages from a governmental entity (although it may be possible to receive punitive damages from the individual officer).

Why Hire Hall & Lampros to Fight for Justice in a Police Misconduct Case

At Hall & Lampros, we have a track record of holding government agencies responsible for misconduct. Attorney Chris Hall obtained a $1 million settlement on behalf of a victim who was seriously injured when the police wrongfully executed a precision immobilization technique. He is a member of the American Association for Justice, and he is fully committed to your fight.

Contact a Police Misconduct Law Firm in Atlanta

The law applies to the police just the same as it does to individuals. If you have been the victim of police misconduct and you have suffered any type of harm, the Atlanta police misconduct lawyers at Hall & Lampros can lead the fight. Schedule a free initial consultation by visiting our website or by calling us today at (404) 876-8100.