Baltimore Police Brutality Lawyer
What Is Police Misconduct?
Police misconduct is when an officer on duty commits an illegal act or violates an individual’s constitutional rights.
Types of police misconduct include (but are not limited to):
- False Arrest — an arrest made without probable cause or a warrant
- Falsification of Evidence — presentation of fabricated, forged, or tainted evidence in a legal proceeding
- Police Brutality — an extreme form of police violence that includes unjustified force, intentional harassment, verbal assault, mental injury, property damage, or death
- Police Perjury — when a police officer gives false testimony to “make the case” against a defendant whom the officer believes is guilty
- Racial Profiling — when police suspect or target a person of a certain race based on stereotypes and prejudices of a racial or ethnic group
- Unwarranted Surveillance — the use of technology and other surveillance methods to monitor the activity of an individual or a group, without the legal authority to do so
- Unwarranted Search and Seizure — when an officer conducts a search and seizure without a warrant or probable cause (the Fourth Amendment limits the power of police to search people and their property or seize objects and contraband, without following proper procedures)
- Sexual Misconduct — when an officer sexually harasses, assaults, or exploits a citizen, including victims, offenders in custody, or juveniles
If you have been wronged or left injured by a law enforcement official, contact our civil rights lawyers right away. Our Baltimore police brutality attorneys at Murphy Falcon & Murphy are here to help.
Effects of Police Misconduct
Police officers should not breach their duty to care for the public or for individual citizens. When an officer performs against the law and the best interest of the public, they leave devastating consequences for their citizens, including wrongful conviction, serious injury, psychological injury, and sometimes death. By engaging in police misconduct, they are setting a precedent for other officers.
Your Rights as a Victim of Police Misconduct
If you are a victim of police misconduct and believe that your civil rights have been violated, our police brutality lawyers want to help. You may be able to seek financial compensation for any losses in the form of physical injury, emotional anguish, psychological injury, medical expenses, quality of life, etc.
About Police Brutality Cases
Police brutality litigation is an especially challenging area when it comes to civil rights law. Police misconduct can lead to a number of claims depending on state constitutions, federal statutes, and the U.S. Constitution. To win a police misconduct claim, an individual must prove that the actions of the police exceeded reasonable bounds, violated the victim’s constitutional rights or due process, or produced some injury or damage to the victim.
Claims of police brutality can also be expensive because a lot of evidence must be secured, including records, statements, and more, in order to prove the misconduct. The evidence supporting a claim is the most important element in a police misconduct suit. At Murphy Falcon & Murphy, our team of seasoned lawyers has extensive experience in achieving historic settlements regarding police brutality cases.
If you find yourself witnessing or becoming a victim of an incident where police brutality is taking place, keep the following in mind. Take photos or videos of any injuries or damage caused by the police. Set aside any clothes or items that might have collected blood or damage from the incident. Ask for names and phone numbers of anyone who may have witnessed the incident, and make sure you, yourself, are writing down everything that happened so that you don’t forget important details.
About Civil Cases
The Murphy family has been fighting for civil rights in the Baltimore area since 1939. We have seen decades of civil rights violations and have been fighting for justice every step of the way.
Murphy, Falcon & Murphy established their firm on the principles of justice, respect, and dignity, upholding those traits with every case we work. If you feel you’ve been the victim of discrimination, police brutality, hate crime, or racial profiling, contact our office today to schedule a free consultation with one of our Baltimore civil rights lawyers. We want to help you.
Founding partner Judge William “Billy” Murphy, Jr. began his crusade into law to follow in the footsteps of his father, Judge William H. Murphy, Sr.. In 1939, Judge Murphy, Sr. enrolled in the University of Maryland Law School as the third African-American student in attendance. At the time, the president of the school offered to pay Murphy’s tuition and expenses to Harvard in an effort to keep his campus segregated. Judge Murphy passed on the offer and received his J.D. from the school in 1946, after also serving time in World War II.
Following in his father’s footsteps, Judge Billy Murphy, Jr. received his J.D. also, and helped establish the Baltimore personal injury and civil rights law firm, Murphy, Falcon & Murphy. During this time, the firm has represented many different civil rights cases with tremendous results. For nearly 50 years, Murphy has been the lawyer to call for the disenfranchised in the Baltimore area.
Types of Civil Rights Violations
Civil rights protected by law include unfair treatment due to race, nationality, disability, gender, age, or religion. Discrimination of this sort can take on many different forms.
- Police misconduct
- Racial or religious profiling
- Hate crime
- Unlawful arrest
- And more
If you feel that you have had any of your civil rights violated, call Murphy Falcon & Murphy today for a free consultation, with no costs required upfront.
Civil vs. Criminal Cases
Two main types of lawsuits exist: civil and criminal. A civil case often serves to provide reparation to injured victims of accidents, while a criminal case aims to convict and penalize wrongdoers. Civil lawsuits generally deal with torts (wrongful acts) or contracts. At the heart of most civil claims is negligence, or failure to take reasonable care, resulting in property damage or injuries.
To have grounds for a civil case, you need four main elements:
The defendant owed you a duty of care. Duties of care will vary according to the circumstances and the relationship between the defendant and the plaintiff. In a police misconduct case, for example, the Supreme Court states that police officers owe a duty of care to the public.
The defendant breached his/her/its duties of care to you. A breach of duty can be any action or lack thereof that falls outside the realm of duty. Breaches can take the form of negligence, recklessness, carelessness, or intent to harm.
The defendant’s actions were the direct cause of the accident in question. For example, you would not have experienced police brutality were it not for the officer’s failure to behave appropriately on the job.
You experienced real damage as a result. Real damages can include personal injuries, financial losses, lost wages, property damage, and pain and suffering, whether psychologically or physically.
Examples of Civil Cases
With more than 70 years of experience handling civil claims, our Baltimore law firm is uniquely suited to identify what is and is not grounds for a claim. No two cases are alike, but some common circumstances often lead to civil lawsuits. Our lawyers can come up with many examples of civil cases, including many that are likely comparable to yours. We know how to help each distinct client. The following are a few examples of civil cases that could arise in Baltimore:
Tort Claims
Tort claims, or personal injury claims, arise when one person’s negligence or recklessness causes another person’s injuries. Common civil tort claims involve car accidents, slip and fall accidents, dog attacks, elevator/escalator accidents, medical malpractice, burn injuries, and defective products.
Discrimination Claims
Discrimination claims and harassment lawsuits are forms of tort claims that deal mainly with employment laws. If an employer discriminates against an employee or job applicant based on a protected class such as race or gender, the employee could have a lawsuit. Harassing an employee until the workplace is inhospitable is another reason for a claim.
Unlawful Arrest/Detainment
Police officers have a duty to respect your constitutional rights during an arrest, detainment, and questioning. Police brutality, unlawful arrest, and other infringements could result in a civil claim against the police officer if it results in harm to the individual.
If you’re unsure whether you have a civil lawsuit on your hands, contact our attorneys to find out. We’ll discuss your individual case in detail during a no-cost legal consultation. Our firm handles a wide range of civil cases in Maryland.
How to Handle Cases of Police Brutality
Even if law enforcement fails its citizens, that doesn’t mean that the law will fail them as well. Here at Murphy Falcon & Murphy, we have successfully been fighting for the rights of people whose lives were irreparably changed.
If you or a loved one is the victim of police brutality, you need to be prepared for a fight. Taking police officers to court is an especially difficult task, and will require planning and a lot of work.
Recourse for Injuries Caused by Police Brutality
- Document your injuries. Take note of any preexisting conditions or injuries you or your loved one had before the trial. Having a complete understanding of the extent of your injuries sustained while in custody will assist in creating a strong case.
- Document the event. No detail is too small when talking about the events leading up to and following your injury. How were you handled as you were getting arrested? While you were in the cell? If you were injured, what was their response like?
- Understand police protocol. Law enforcement has strict rules in place in the hopes of preventing unnecessary injury to anyone in their custody. If an officer or officers fail to follow procedure and that results in an injury, take note of it.
- Hire an attorney. Do the research necessary to ensure you’re hiring the best team to represent you in court. Cases of police brutality require extensive knowledge of the laws involved, and it’s important to hire a firm capable of handling the attention this kind of case can attract while not losing focus on the important task at hand, your future.
Contact our Baltimore attorneys at Murphy Falcon & Murphy today. We work on a contingency fee basis, so you will only need to pay legal fees if we win your case. Contact us through our website, or call us at (410) 951-8744.
Hold Law Enforcement Accountable
Every case is different, so it seems there is no set standard when it comes to policing. Police officers should not be held above the law, especially if they violate an individual’s or a group of individuals’ civil rights.
Pursuing an Actionable Claim
If you believe you have the grounds to file a civil case against Baltimore police, talk with an attorney as soon as you can. Acting quickly and taking the correct steps toward justice can expedite your claim and help you avoid time-consuming mistakes. Our attorneys can walk you through every step of the claims-filing process in Maryland.
If you have any questions about the following steps, don’t hesitate to contact us. Here’s how to pursue a civil case:
Go to the hospital. Take care of your personal health if your incident involves a physical injury or sexual assault. Request medical care right away. Delaying care could show an insurance company that you weren’t badly injured, or give the defense the opportunity to allege that you contributed to your injuries by waiting to see a doctor. If your civil case involves personal injuries, seek medical care immediately.
Gather evidence. For any type of civil claim to succeed, you must fulfill the burden of proof as a claimant, especially for a claim against police officers. Take photos or videos whenever you can. Gather evidence about your case, such as names, descriptions of events, and contact numbers. Get copies of police reports and medical records, if applicable.
Talk to eyewitnesses. If anyone else witnessed the event you’re referencing in your civil case, obtain written or recorded statements from them. Approach eyewitnesses as soon as possible after the incident, while the events are still fresh. Ask them what they saw, and have them sign off on their stories or verbally agree to a recorded statement. If you call the police regarding your incident, the responding officer should do this for you.
Learn the law. Before you start the filing process, verify that you have grounds for a claim. Did a police officer violate your rights? Did their negligence cause a serious personal injury? Do you feel harassed or discriminated against? Learn as much as you can about civil rights laws and your case before proceeding with a civil claim.
Find an attorney. Research Baltimore civil tort attorneys near you. Look for years of experience, committed and caring lawyers, great case results, and positive client testimonials. Arrange to meet with one of the attorneys to discuss your case and your options.
File your claim. Once you retain legal representation, your lawyer can help you with the rest of the filing procedures. Depending on your type of claim, you may need to file an initial complaint with the Maryland Commission on Civil Rights. For a personal injury claim, you’ll go straight to the county small claims court to file your case. Otherwise, an attorney can file a regular civil case for you.
Police Brutality in the Public Eye
Cases of police brutality have been going on for decades, but more cases are coming to light now, largely due to videos being spread on social media. Almost every US citizen carries a smart device with camera recording capabilities, making it easier now than ever before to document the world around us.
#BlackLivesMatter
Social activism became one of the primary ways to get the masses emotionally and socially invested in cases that might not have otherwise garnered much attention. The #BlackLivesMatter movement, also known as the BLM movement, is a form of social activism. #BLM became a trending hashtag on social media after the acquittal of George Zimmerman, regarding the shooting death of Trayvon Martin. As word spread, the public was outraged. Although this wasn’t the first story of its kind, Trayvon’s death marked the start of a digital social activist movement that will last for generations to come.
Issues of Media Fatigue
Police brutality has gained notoriety in recent years for a variety of reasons. One of the main changes has been new video-recording technologies. Thanks to almost every civilian having the power to record police officer traffic stops and arrests, more footage of police brutality has surfaced in the last few years than ever before. It is more difficult for people to dismiss hard video evidence of brutality than someone’s verbal accounts or allegations. Thus, police brutality has gained credibility it lacked in the past.
Increased media, visibility, and awareness of police brutality can help instigate new laws and real change, such as the recent Baltimore policy change. The city now requires police officers to pay punitive damages (often tens of thousands of dollars) to victims of police violence out of their own pockets – a departure from the old policy, in which the law enforcement agency would pay the price. Too much media coverage on a subject, however, can lead to media fatigue.
Past Case Histories of Police Misconduct
If you were a victim of police brutality, excessive force, or other methods of discrimination call Murphy Falcon & Murphy today. We’ll discuss your case and your rights with you for free. We’ve been fighting for civil rights for decades and have the experience and resources to help you during your case.
Case of William Green
On January 27, 2020, William H. Green was shot seven times while handcuffed in a patrol car.
William was driving his car in Prince George’s County, Maryland when he accidentally struck three parked cars. Two Prince George’s County police officers, including Michael A. Owen Jr., arrived and found William asleep behind the wheel of his car. After they took him out of the car, they searched and handcuffed him behind his back. Although neither search revealed any weapons or drugs, Owen arrested William and put him in the front passenger seat of his police cruiser. Owen got into the driver’s seat and several minutes later, gunshots rang out. Owen shot William from point-blank range seven times, striking him six times in the torso. According to eyewitnesses, Owen then got out of the police cruiser visibly in a panic. The other officers dragged William, who was still alive, gasping for air, from the police cruiser and put him on the ground with his hands still cuffed behind his back. William Green was pronounced dead shortly thereafter.
Owen claimed that he and William had an altercation in the cruiser, but investigators discovered no evidence of any struggle. On behalf of the family of the late William H. Green, Murphy Falcon & Murphy reached a $20 million dollar settlement with Prince George’s County over his death due to unlawful shooting by police.
Case of Albert Mosley
In 2005, we represented Albert Mosley after he was left with permanent and debilitating injuries in a case of severe police brutality. Mosley, who was picked up in June 2003 for violating his probation, was intoxicated and became loud and abusive while in his holding cell at a local Baltimore City police precinct.
Mosley’s suit stated that, while his arms were handcuffed behind his back, he became engaged in an “angry exchange” with Officer Brian Kershaw who was outside of the cell. Kershaw approached Mosley, pulled him into a standing position, and violently threw him into a concrete wall. Mosley sustained a paralyzing neck injury, leaving him a permanent quadriplegic requiring 24-hour care.
We successfully obtained a $44 million verdict in favor of Mr. Mosley for his pain and suffering, as well as for past and future medical expenses.
Case of Freddie Gray
Murphy Falcon & Murphy defended the family of Freddie Gray. Gray, a native of Baltimore, died in April 2015 after sustaining a spinal injury while in police custody. Our firm secured a $6.4 million settlement for the family of Freddie Gray – even after the jury acquitted the police officers of guilt in Gray’s death. With the help of Baltimore Mayor Stephanie Rawlings-Blake, the firm pushed to prevent future violence by requesting body cameras on the city’s police officers.
For more on the William Green case, check out our blog.
Case of Lindenwold, NJ
Our firm represented an individual who was the victim of police brutality and excessive force in New Jersey. A police officer released his K9 without justification during a routine traffic stop. The K9 attacked our client, leaving serious bite injuries on his legs. In addition, the officer placed a chokehold on our client, resulting in a massive stroke. All of this occurred in front of the victim’s wife and two children.
Murphy Falcon & Murphy filed claims for the victim, his wife, and each of his children. The use of excessive force by the arresting officer resulted in a settled lawsuit of $4,999,999.99. The monetary value of the settlement will help ensure our client receives the proper medical treatment he will require for the rest of his life.