• Home
  • Menu Menu
Online Lawyer Network

How does a victim of police brutality in Louisiana prove misconduct occurred?

April 1, 2021/0 Comments/in Legal News /by brian

Baton Rouge, LA – When someone is hurt by a police officer, it can be difficult to successfully bring a lawsuit and receive compensation. However, skilled attorneys know the relevant burden of proof, and they can help their clients with presenting evidence and winning their cases. Understanding how the jury will be instructed regarding the burden of proof is crucial to arguing a case in a way that will be convincing. This is why help from an experienced lawyer is important for victims of police misconduct.  

The burden of proof in civil police brutality cases

The plaintiff in a police brutality lawsuit must prove their case through clear and convincing evidence, which is the same standard used in many other civil cases. The clear and convincing evidence standard is not easy to define exactly, but it means that the facts presented and argued by the plaintiff are more likely to have happened than not happened, or that their version of the story is most likely true.  

Evidence that proves misconduct

In an ideal situation, the victim will have concrete proof through videos, testimony, pictures, and documentation that the officer acted inappropriately. Things like footage of police violence, others who saw exactly what happened, and injuries to the plaintiff tend to leave little doubt that an incident of police brutality occurred. When someone is injured by an officer, this also tends to prove that the officer in question did not properly follow their training regarding use of force protocols. Because police do receive special training for how to handle crime and violent situations, it can be difficult to portray their use of force as a mere accident. 

Defending an officer

Police departments have also come up with a number of ways to defend their actions over the years. This can include testimony from other law enforcement officers or criminal justice experts who will claim that the officer’s actions at the time were standard operating procedures or justified under use of force protocols. 

Another related problem is that local prosecutors will rarely bring criminal charges against an officer for unnecessary violence, unless their actions were clearly egregious and outside the boundaries of any acceptable law enforcement conduct. As a practical matter, officers are rarely charged or convicted in criminal court, which means that a civil case for the misconduct in question is the most realistic option for victims. 

Help from police misconduct lawyers

Miller, Hampton, and Hilgendorf is a firm that deals with personal injury law and accident lawsuits in the Baton Rouge area. Anyone who has recently been hurt can schedule a meeting with their attorneys to receive advice and guidance about the process of bringing a lawsuit. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

Tags: clear and convincing evidence, police misconduct, police violence
Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share on Tumblr
  • Share on Vk
  • Share on Reddit
  • Share by Mail
https://onlinelawyernetwork.com/wp-content/uploads/2021/04/photodune-9239072-police-state-word-cloud-concept-xs.jpg 447 447 brian https://onlinelawyernetwork.com/wp-content/uploads/2020/08/logo.png brian2021-04-01 13:56:112021-04-01 13:56:11How does a victim of police brutality in Louisiana prove misconduct occurred?
You might also like
How can a person file a complaint against a police officer in Daytona Beach, Florida? How can a person file a complaint against a police officer in Daytona Beach, Florida?
How does an individual report a police officer in Gainesville, Florida for misconduct? How does an individual report a police officer in Gainesville, Florida for misconduct?
How much can a victim of police brutality sue for in California? How much can a victim of police brutality sue for in California?
0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Search

Lastest News

  • Contact a Personal Injury in Traverse City, Michigan for Help with a Drunk Driving CaseJuly 8, 2021 - 2:43 pm

  • Contact a Personal Injury in Traverse City, Michigan for Help with a Drunk Driving CaseJuly 8, 2021 - 2:43 pm
© Copyright - Online Lawyer Network
The laws against sexual harassment in Nevada colleges Can Louisiana residents who have received a cancer diagnosis file an AFFF legal...
Scroll to top