Unfortunately, in today’s climate, there is a great deal of stress and strain between the general community and often times law enforcement. Don’t get me wrong, many of the men and women who are involved with our police departments and investigatory agencies are good people and try to do their jobs to the best of their abilities. But unfortunately there are some that are neglectful and abusive of the powers and positions. And it is those individuals that we at the McDaniel Law Group are committed to holding accountable and responsible for their actions.Unfortunately, there is a rash of cases of excessive force where officers abuse individuals they are coming into contact with — either lawfully or unlawfully — and place those individuals in a position where they receive harm that they shouldn’t receive at the hands of law enforcement. There are incidents where law enforcement makes the unfortunate determination to discharge weapons causing harm and injury to individuals — and sometimes even death. In those situations, we are committed to making sure we do a thorough investigation of the surrounding circumstances to make a determination of whether or not that level of force was appropriate in that given situation.In order to make those determinations though, you have to reach out to a law firm who has the resources and expertise to gather the information you would need at the initial stages of a case like that — in order to make sure you were in the best position possible to advance the claim should there have been an abusive power or excessive force. In addition to that, there are ways in which you can engage the agencies to make sure they are monitoring their own staff and employees in the marshaling of those duties. What I mean is that you can actually make formal complaints before filing a complaint in a court system with the agency involved that, at times, may result in an internal investigation of that particular activity. Because this is something that has some time limitation on it, it is important you jump on top of those concerns as soon as possible.
In addition to that, in the District of Columbia and many other jurisdictions, before you can file a claim for a 1983 violation (which is a civil rights violation), you have to give the jurisdiction notice of your intent to file a claim. In the District of Columbia, it is called a 12309 claim, and you must give that agency and the District of Columbia notice of your intent to file a claim within six months of the actual occurrence.
For many reasons, it is very important to engage the services of an attorney at the very moment you believe your civil rights have been violated. Civil rights can be violated in a number of different ways. There are also incidents where individuals are arrested without the probable cause necessary for the arrest. This is another example of a violation of an individual’s Fourth Amendment Rights.
Anytime that you feel that you have been violated and you may have a civil rights claim, you need to reach out to a qualified and experienced attorney.