A Bivens claim is a civil rights lawsuit filed against a federal official for violation of a person’s civil rights. It’s an “implied cause of action,” which means it is not expressly authorized by statute, but the courts have authorized this type of lawsuit because there was otherwise no remedy for people who are hurt ...
Police misconduct is more common than you may think, and often goes unreported and unaddressed. Why? Because victims of police misconduct are often fearful of the consequences if they complain or fight back. Because police officers know that their supervisors and their departments will get behind them in all but the most egregious of cases. ...
What is qualified immunity? In 2020, in the aftermath of George Floyd’s killing and the protests that followed, there was much discussion about the doctrine of qualified immunity and how it 1) emboldened police to commit civil rights violations and 2) allowed police to avoid any consequences for their violations. Lately, I haven’t heard much ...
The SC Supreme Court has held that SC civil forfeiture laws are constitutional, which means that SC law enforcement will continue to seize money and property from motorists – including innocent motorists - for the foreseeable future. Below, I’ll discuss: Why the SC Supreme Court was wrong about the constitutionality of SC civil forfeiture laws, ...
Nationwide, EMS personnel have taken to using ketamine, a controlled substance often used as a horse tranquilizer, on suspects as support for law enforcement during police calls. The use of ketamine during police calls gained national attention in 2020 when Elijah McClain – a massage therapist who sometimes played violin for stray cats - was ...
If you have been arrested – wrongfully – for shoplifting, can you sue the police department? The store that caused your arrest? In some cases, you may have a wrongful arrest lawsuit if you were charged with shoplifting without probable cause. Below, we will go over the basics of wrongful arrest lawsuits for shoplifting in ...
Can you be arrested for cursing at a cop? What about using profanity in public, criticizing a police officer, or flipping someone off? If you are arrested for expressing your opinion – whether it involved using profanity, flipping off a police officer, or complaining about how a cop is doing their job, you may have ...
If you are attacked or bitten by a K-9 police dog, is the officer or police department liable for damages? They might be – although SC law provides limited immunity for the actions of police dogs acting in their law enforcement capacity, the dog handler and their agency must comply with the requirements of SC ...
What’s the difference between the SC State Tort Claims Act (SCSTCA) and 42 USC § 1983? If you want to sue the government for anything – police misconduct, false arrest, breach of a contract, or even a car crash with a government vehicle – you must file suit under a statute or theory that gives ...