"officer" as in law enforcement officer
2006-11-19 10:02:15 · 4 answers · asked by debra h 1 in Politics & Government ➔ Law Enforcement & Police
Under federal law, when a person acting under color of law (a police officer claiming a right to do what he is doing) violates a presently recognized constitutional right he can be sued by the person who's rights were violated. The federal statutes provide for attorneys fees which makes it easier to get an attorney without having to pay a retainer. In fact, if an attorney wants money up front, you should ask yourself whether the case is really worth your time and effort, and potential loss of money. These are generally very difficult cases to win, and if an attorney has decided to spend his time and effort and is willing to wait for statutory fees awarded in the suit, then he/she must think the case is good. (That doesn't mean it is, only that this particular attorney is impressed not only with the facts of the case, but also the ability to prove those facts.)
With respect to criminal consequences, if the officer broke any penal laws of the state he is also subject to criminal prosecution.
Also as one other writer mentioned. Some civil rights violations are prosecuted by Federal Authorities. You may remember the Rodney King case in which the officers were prosecuted in federal court by an Assistant US Attorney.
The municipality may also be responsible if it had a policy that allowed, or encouraged the violation of a persons constitutional rights.
2006-11-19 10:49:13 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Violation of a person's constitutional rights are punishable by the federal statues. This is why the FBI investigates civil rights allegation against all state and local law enforcement personnel.
2006-11-19 18:08:03 · answer #2 · answered by WC 7 · 0⤊ 0⤋
Violating a person's constitutional rights simply means the suspect will probably get off and the evidence will be dismissed. I will not get in trouble for that as it is argued in court ALL THE TIME. This is one of the biggest items lawyers argue.
2006-11-19 18:18:13 · answer #3 · answered by spag 4 · 0⤊ 0⤋
None, Because they do it everyday. Just ask OJ.
2006-11-19 18:54:49 · answer #4 · answered by omegarussell42 3 · 0⤊ 0⤋