Police Misconduct

The legal system is intended to protect the innocent, but overzealous enforcement can sometimes have the opposite result.

When civil rights are abused by the system or police authorities Myers & Galiardo is an advocate with the resources and experience to restore justice to the individual.

MG specializes in Police misconduct litigation in Federal and State Court including:

False Arrest / False Imprisonment – Simply put, a false arrest is an arrest that is not based on “probable cause”, the reasonable belief that a crime has been committed.

The claimant can bring damages for his or her pre-arraignment confinement and related issues such as job loss, attorney fees, psychological trauma, etc.

Malicious Prosecution – A prosecution in the absence of probable cause is considered “malicious”. The criminal charges must “terminate favorably” (e.g. be dismissed) to bring an action. Despite its name this claim is brought against the arresting officers, not the prosecutors. The claimant can recover post arraignment damages such as confinement, loss of earnings, etc.

Excessive Force – A police officer may only use such force as is reasonably necessary under the circumstances to make an arrest. If the officer uses unreasonable force, the claimant can recover damages for physical injuries even if the claimant is found guilty of the underlying charge.

Abuse Of Process – A claim that the police have a collateral objective for making an arrest; for instance, arresting a man under false pretenses because the police want to question the man to get information on unrelated drug activity in his neighborhood.  This is abuse of process and it is illegal. Damages include confinement, loss of income, emotional distress, etc.

MG recognizes that, sadly, the rights of individuals can be easily trampled by the power of law enforcement.  For those who have suffered due to police misconduct, MG is here to balance the playing field.

Myers & Galiardo LLP

Myers & Galiardo LLP