Your rights if injured after police misconduct
Police officers have a responsibility to act with respect and respect the constitutional rights of those within their custody. All too often, we’ve heard cases of police officers who abuse their power and cause serious injury to arrestees. If you have sustained injuries while in police custody, you can take legal action to recover compensation for those injuries.
What can the police do in the line of duty?
Police officers have the right to arrest individuals engaging in any activities that violate the law. However, they also have a responsibility to protect citizens when taking them into custody. In fact, any injuries that occur during police custody can act as proof that the person’s rights, privileges, or immunities, which are protected by the Charter of Rights and Freedoms, have been deprived. These injuries could form grounds to initiate a civil lawsuit. A common misconception is that law enforcement officers can use any amount of force to bring a suspect into custody. It is illegal for police officers to use excessive force to detain a suspect even if there is some resistance. Where force is used to effect an arrest , the arresting police officer will have the burden of proving that excessive force was not used .
Internal complaints to the police department
Police departments have different methods of collecting complaints about police officers. In smaller departments, the investigations are done by the police officers themselves. In others, a separate division is responsible for handling all complaints. Once an internal complaint is filed against the police officer, it can lead to disciplinary action or termination of the officer. This complaint usually stays in the police officer’s personnel file and officers who attract a large number of complaints over time are thoroughly scrutinized.
The challenge with this approach is that most police departments sometimes refuse to accept or investigate these internal complaints. Additionally, investigations are done internally which may explain why even after serious acts of police misconduct, the officer is not always significantly disciplined. With internal complaints, the civilian usually has no right to appeal even though the police officers can appeal an unfavourable ruling.
Where serious injury or death occurs when police are involved the police have a statutory duty to report the incident to the Special Investigations Unit ( SIU) of the OPP which has a statutory duty to investigate the incident.
What to do if you are injured by the police
To be adequately compensated for any injuries that occur while in police custody, you need to consider filing a civil suit. To start with, you need to document all your injuries as well as any medical treatment that was required for your recovery or rehabilitation. Eyewitness statements, as well as photos or videos of the arrest, can be helpful in improving a police brutality case.
With the help of your lawyer, you can decide who to sue and what claims to bring. Your lawyer will help you to prepare for discovery and to decide whether to settle the case. You’ll also get more legal advice to develop the evidence and get fairly compensated for all damages sustained. Awards of money damages not only cause the police department to take disciplinary action against their officers but also improve their practices. Processes such as police hiring, supervision, and training can be improved to avoid future lawsuits. The court may also be requested to issue an injunction depending on the outcome.
It is also important that you retain experienced and competent criminal legal counsel. A successful defence of a criminal charge including a finding that Charter rights were violated and/or excessive force was used will be of considerable benefit when advancing a civil claim for damages. At Edson Legal – personal injury lawyer in North York we collaborate with some of the most experienced criminal lawyers in Canada in developing our clients civil claims.