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Fair Employment Lawyers at Kaplan Weiss LLP

Are People Reluctant Or Scared To File Claims Against Government And Police Misconduct?

The question of whether there are instances of government and police misconduct that fly under the radar due to fear or reluctancy is a scary question to consider. In truth, as an experienced attorney, I do believe there is a certain amount of people who are reluctant to file claims against government and police agencies. Victims just need to be informed that there is someone out there willing and capable of protecting their rights. Once you have a lawyer and there is public record of your case, I believe much of the initial reluctance and fear will fade away, because you are now being represented by an expert in the legal process. Police departments and police forces are very powerful and can be very intimidating. However, in the United States, that’s just one branch of government. We have a separation of powers and there are 3 branches of the government, including the judicial branch in which lawyers most often operate.

Even though you may feel like a helpless victim, when the power of the judiciary is on your side, there can be tremendous changes with a strong lawsuit. It often only takes one person to stand up for you, before we see changes happen. If it weren’t for attorneys taking on cases like this, and for courageous victims standing up against police misconduct, we wouldn’t have wear body camera requirements for police officers.

Without these lawsuits, we also wouldn’t have laws that provide guidelines for the way police interact with people with mental disabilities. We also wouldn’t have seen any small changes in jail practices to prevent overcrowding, and we also wouldn’t have seen any changes to the oversight committees that regulate police officers. Therefore, while it is certainly intimidating, there are indeed systems in place to prevent police and government misconduct.

An experienced attorney serves to act as a buffer between the intimidating authority and an individual. It’s not just the attorney that gives you that extra buffer of protection and strength, but it’s also the law. In particular, section 1983 of our Federal Civil Rights Act and the Bane Civil Rights Act are extremely powerful and robust laws that judges pay close attention to when brought up effectively.

How Does A Civil Lawsuit Get Started and What Does it Entail?

Many civil lawsuits start off with an administrative filing or an administrative complaint. An attorney will help you determine whether you require a “right to sue” letter from the Department of Fair Employment and Housing, a claim from the Equal Employment Opportunity Commission, a Fair Labor Standards Act claim, or a government claim to the city, county, or other government agency. Most, but not all, have an administrative process that consists of first submitting a claim, then waiting for approval.

Once we get approval, we would then file a complaint in the appropriate court and serve the defendant with the lawsuit. The defendant then has an opportunity to respond and the case is underway.

Lawsuits can often take months if not years to complete. They are complicated and time-consuming processes that involve discovery, depositions, court hearings, motions and ultimately trial.

Oftentimes lawsuits also involve a mediation or other sort of settlement conference while the case is pending. This gives an independent judge the opportunity to help the disputing parties in coming to an agreement without having a trial. Many times these settlement procedures are successful. But if not, the case proceeds to trial where we then have the opportunity to present your case to the judge or jury.

For more information on Filing Claims Against Government Misconduct, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 257-8999 today.

Fair Employment Lawyers at Kaplan Weiss LLP

Call Now For A 30 Minute Case Evaluation
(213) 257-8999