When law enforcement officers violate their duty to protect and serve, the Justin Palmer Law Group stands ready to defend your constitutional rights. As your San Bernardino police brutality lawyer, we fight tirelessly to hold law enforcement accountable and seek justice for victims of police misconduct. Contact Justin Palmer Law Group today for a confidential consultation with our police brutality lawyer team. We're here to listen, guide you through the legal process, and fight for the justice you deserve.

Legal Definition of Police Brutality in San Bernardino

Federal Civil Rights Protection

Under 42 U.S.C. § 1983, any person who, under color of law, subjects another to "the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured." This foundational federal statute serves as the primary legal basis for police brutality cases in San Bernardino and nationwide.

California State Protection: The Bane Act

California Civil Code § 52.1, known as the Bane Act, establishes that if a person interferes "by threat, intimidation, or coercion" with the exercise of constitutional rights, they can be held liable for damages. In police brutality cases, this means officers face liability when they use threats or force that prevent someone from exercising their constitutional rights.

The Objective Reasonableness Standard

The Fourth Amendment standard, as interpreted by the Supreme Court in Graham v. Connor (490 U.S. 386), requires that any use of force must be "objectively reasonable" based on the circumstances. This creates a two-part test:

1. The force must be proportional to the threat faced by officers
2. The force must be necessary to achieve legitimate law enforcement objectives

California Criminal Code Provisions

California Penal Code § 149 provides additional protection by stating: "Every public officer who, under color of authority, without lawful necessity, assaults or beats any person" has committed a crime. This statute establishes both criminal and civil liability standards for excessive force cases.

The Combined Legal Framework

These laws work together to create a comprehensive definition of police brutality: any use of force by law enforcement that exceeds what is reasonably necessary to accomplish legitimate law enforcement purposes. The evaluation uses an objective standard, based on what a reasonable officer would do in similar circumstances, rather than considering the individual officer's subjective intent.

Financial Compensation for Police Brutality Victims in San Bernardino

At Justin Palmer Law Group, we understand the devastating impact of police misconduct on victims and their families. As your San Bernardino police brutality lawyer, we work diligently to secure all forms of compensation you may be entitled to under federal and state law. Here are the types of damages typically available in police brutality cases:

• Medical Expenses: Coverage for all past and future medical treatment related to your injuries, including emergency care, surgeries, physical therapy, psychological counseling, and ongoing rehabilitation services.
• Lost Income: Compensation for wages lost due to injury recovery time, medical appointments, and any reduced earning capacity if your injuries affect your ability to work in the future.
• Pain and Suffering: Financial recovery for physical pain, emotional distress, and trauma experienced during and after the incident of police misconduct.
• Property Damage: Reimbursement for any personal property damaged or destroyed during the incident, including vehicles, phones, clothing, or other belongings.
• Constitutional Violations: Additional compensation specifically for the violation of your civil rights under Section 1983 and the Bane Act, which our police brutality attorney team will pursue aggressively.
• Loss of Quality of Life: Damages for any long-term impact on your ability to enjoy daily activities, maintain relationships, or participate in hobbies and recreational activities.
• Punitive Damages: In cases of particularly egregious misconduct, additional compensation may be awarded to punish the offending officers and deter future violations.
• Wrongful Death Benefits: For families who have lost a loved one to police brutality, compensation for funeral expenses, loss of financial support, and loss of companionship.
• Mental Health Treatment: Coverage for ongoing psychological care, including therapy and counseling to address PTSD, anxiety, depression, or other emotional trauma.
• Family Impact: Compensation for the effect on your family relationships, including loss of consortium claims for spouses and impact on parent-child relationships.

As your San Bernardino police brutality lawyer, we will thoroughly document and pursue every form of compensation you're entitled to receive. Each case is unique, and the total compensation available depends on various factors including the severity of violations, extent of injuries, and long-term impact on your life.

How a Police Brutality Lawyer Near San Bernardino Can Help Protect Your Rights

At Justin Palmer Law Group, we understand that facing police misconduct can be overwhelming and frightening. As your San Bernardino police brutality lawyer, we provide comprehensive legal support to protect your rights and seek justice. Here's how our team helps victims of law enforcement misconduct:

• Immediate Legal Intervention: Our police brutality attorney team responds quickly to protect your rights from the moment you contact us, ensuring important evidence is preserved and proper procedures are followed from the start.
• Evidence Collection and Preservation: We gather and secure critical evidence including body camera footage, surveillance videos, witness statements, medical records, and police reports before they can be altered or destroyed.
• Constitutional Rights Protection: We safeguard your constitutional rights throughout the legal process, ensuring law enforcement and prosecutors don't take advantage of your vulnerability during this challenging time.
• Thorough Case Investigation: Our team conducts an independent investigation of your case, uncovering evidence that police departments and internal affairs might overlook or ignore.
• Strategic Legal Planning: We develop a comprehensive legal strategy tailored to your specific situation, considering all available legal options under federal civil rights laws and California state statutes.
• Communication Management: We handle all communication with law enforcement agencies, prosecutors, and insurance companies, protecting you from potential intimidation or manipulation.
• Documentation Support: We help you properly document all damages, injuries, and violations, creating a strong foundation for your claim that meets all legal requirements.
• Administrative Claims Filing: Our San Bernardino police brutality lawyer team ensures all necessary government claims and legal documents are filed correctly and within required deadlines.
• Settlement Negotiation: We negotiate aggressively with city attorneys and insurance companies to secure fair compensation that reflects the full extent of your damages.
• Court Representation: If a fair settlement cannot be reached, we provide strong representation in court, presenting your case effectively before judges and juries.
• Emotional Support Resources: We connect you with appropriate counseling and support services to help address the psychological impact of police brutality.
• Civil Rights Advocacy: We work to expose systemic problems and push for policy changes that can prevent future incidents of police misconduct in San Bernardino.

Don't face police misconduct alone. Contact Justin Palmer Law Group today for a confidential consultation. Our experienced team is ready to protect your rights and fight for the justice you deserve. We serve clients throughout the San Bernardino area and offer free initial case evaluations to help you understand your legal options.

Your Rights When Facing Police Misconduct

At Justin Palmer Law Group, your San Bernardino police brutality lawyer team believes that understanding your rights is the first step toward protecting them. The Constitution and state laws provide specific protections against law enforcement misconduct. Here are the fundamental rights you should know:

• Fourth Amendment Protection: You have the right to be free from unreasonable searches and seizures, meaning police must have probable cause or a warrant to search you, your vehicle, or your property.
• Right to Remain Silent: You have the constitutional right to remain silent and refuse to answer questions from law enforcement, even if you've been arrested. This protection extends to any interaction with police officers.
• Right to Record Police: You have the legal right to record police officers performing their duties in public spaces, as long as you don't interfere with their official actions.
• Right to Refuse Consent: You can refuse to consent to a search of your person, vehicle, or property unless police have a valid warrant or probable cause.
• Freedom from Excessive Force: Police officers may only use force that is objectively reasonable and necessary under the circumstances. Any force beyond this threshold violates your constitutional rights.
• Equal Protection Rights: You have the right to be treated equally regardless of your race, ethnicity, religion, or national origin. Racial profiling and discriminatory treatment by law enforcement are illegal.
• Right to Medical Care: If you're injured during an encounter with police, you have the right to receive prompt medical attention, even if you're under arrest.
• Miranda Rights: If arrested, you have the right to be informed of your rights, including your right to remain silent and your right to have a police brutality attorney present during questioning.
• Right to File Complaints: You have the right to file formal complaints about police misconduct with internal affairs departments, civilian oversight boards, and other appropriate authorities.
• Protection from Retaliation: You have the right to be free from retaliation for exercising your constitutional rights, including filing complaints or lawsuits against law enforcement.
• Right to Legal Representation: You have the right to consult with and be represented by a San Bernardino police brutality lawyer during any stage of legal proceedings involving law enforcement misconduct.
• Access to Evidence: You have the right to request and receive evidence related to your case, including body camera footage, police reports, and other relevant documentation.

If you believe your rights have been violated by law enforcement, contact Justin Palmer Law Group immediately. Our police brutality attorney team will evaluate your case, explain your legal options, and fight to protect your constitutional rights. We offer confidential consultations to help you understand the best path forward in seeking justice and accountability.

Signs You Experienced Police Brutality

As your San Bernardino police brutality lawyer, Justin Palmer Law Group wants you to understand how to recognize police misconduct. While not every difficult interaction with law enforcement constitutes brutality, certain actions clearly cross the legal line. Here are key indicators that you may have experienced police brutality:

• Physical Injuries Without Justification: You suffered injuries such as bruises, cuts, broken bones, or internal trauma despite being compliant or posing no threat to officer safety.
• Force After Surrender: Officers continued to use physical force or restraints after you had already surrendered, were handcuffed, or were clearly under control.
• Denied Medical Care: Law enforcement refused or significantly delayed your access to medical treatment for injuries sustained during arrest or while in custody.
• Racial Slurs or Discrimination: Officers used racial epithets, made discriminatory comments, or treated you differently based on your race, ethnicity, religion, or national origin.
• Unnecessary Weapon Use: Police used tasers, pepper spray, batons, or other weapons when there was no threat to officer safety or legitimate law enforcement purpose.
• Retaliatory Actions: Officers escalated force or created charges in response to you asserting your rights, asking for badge numbers, or attempting to record the interaction.
• Unlawful Search or Seizure: Police searched you, your vehicle, or your property without consent, probable cause, or a valid warrant in violation of Fourth Amendment protections.
• Sexual Harassment or Assault: Officers engaged in any form of sexual misconduct, inappropriate touching, or sexually suggestive comments during the encounter.
• Verbal Threats or Intimidation: Law enforcement used threats of violence, arrest, or other consequences to coerce compliance or prevent you from exercising your rights.
• False or Inflated Charges: Officers fabricated or exaggerated charges to justify their use of force or to discourage you from filing complaints about their conduct.
• Witness Intimidation: Police attempted to prevent witnesses from recording the incident or threatened consequences for those who might testify about the misconduct.
• Denied Basic Rights: Officers failed to read Miranda rights upon arrest, denied access to an attorney, or prevented communication with family members while in custody.

Essential Steps to Take if You Experience Police Brutality

At Justin Palmer Law Group, our California police brutality lawyer team knows that your actions immediately following a police misconduct incident can significantly impact your ability to seek justice. Here are the crucial steps you should take to protect yourself:

• Seek Medical Treatment: Get immediate medical care for any injuries, no matter how minor they may seem. Your health and safety should be your first priority.
• Contact Legal Help: Reach out to our police brutality attorney team as soon as possible after receiving medical care. Early legal guidance can help protect your rights and prevent costly mistakes.
• Document Your Injuries: Take clear photos of all visible injuries as soon as possible. Continue photographing as bruising develops or injuries change over time.
• Write Down Details: Record everything you can remember about the incident while it's fresh in your memory, including time, location, and any officer identifying information you noticed.
• Save Physical Items: Keep any damaged clothing or personal items in their current condition. Store them in a safe place without washing or repairing them.
• Collect Witness Information: If possible, get contact information from anyone who witnessed the incident. Don't discuss details of the case with them.
• Exercise Your Rights: Remember you have the right to remain silent. Don't give statements to law enforcement without your attorney present.
• Avoid Social Media: Do not post anything about the incident on social media platforms, as these posts could potentially harm your case.
• Keep Medical Records: Save all documentation from your medical visits, including discharge papers, prescriptions, and follow-up instructions.

Contact our San Bernardino police brutality lawyer team immediately after seeking medical care. Justin Palmer Law Group will handle the complex legal aspects of your case while you focus on recovery. We offer confidential consultations and can provide immediate guidance on protecting your rights.

Stand Up For Your Rights

Your constitutional rights matter. If you've experienced police misconduct in San Bernardino, you don't have to face this challenge alone. Contact Justin Palmer Law Group today for a confidential consultation with our police brutality lawyer team. We're here to listen, guide you through the legal process, and fight for the justice you deserve.

San Bernardino Police Brutality Lawyer FAQs

Is there a time limit for filing a police brutality claim in San Bernardino?

Yes, strict deadlines apply to police misconduct cases in California. You must file a government claim within six months of the incident. For federal civil rights claims under Section 1983, you generally have two years from the date of the incident. Missing these deadlines can prevent you from seeking justice, which is why contacting a police brutality attorney promptly is crucial.

What if I was arrested and charged with resisting arrest?

Many police brutality victims face charges of resisting arrest or obstruction. These charges do not prevent you from pursuing a civil rights case. In fact, such charges are sometimes used to discourage victims from reporting misconduct. Our San Bernardino police brutality lawyer team can help challenge these charges while pursuing your civil rights case.

How much does it cost to hire a police brutality lawyer?

Justin Palmer Law Group handles police brutality cases on a contingency fee basis. This means you pay no upfront costs, and we only receive payment if we secure compensation for you. This arrangement ensures everyone has access to quality legal representation regardless of their financial situation.

What if the officer claims they feared for their safety?

Officers often claim they feared for their safety to justify use of force. However, this fear must be objectively reasonable based on the circumstances. Our police brutality attorney team thoroughly investigates these claims, using evidence like body camera footage, witness statements, and expert analysis to challenge unjustified uses of force.

Can I file a claim if the incident wasn't captured on video?

While video evidence is helpful, it's not required to pursue a police brutality claim. We can build strong cases using medical records, witness testimony, police reports, dispatch records, and other forms of evidence. Lack of video should not discourage you from seeking legal help.

What happens if multiple officers were involved?

We can pursue claims against all officers who participated in or failed to prevent misconduct. Additionally, supervisors and departments may be held liable for inadequate training, supervision, or policies that contributed to the incident. Our San Bernardino police brutality lawyer team will identify all responsible parties.

Will filing a complaint affect my criminal case?

If you're facing criminal charges related to the incident, we coordinate carefully with your criminal defense attorney to ensure your civil rights case doesn't negatively impact your criminal defense. In some cases, evidence of police misconduct can actually help resolve criminal charges favorably.

What if internal affairs already cleared the officer?

Internal affairs findings don't prevent you from pursuing a civil rights case. These investigations often favor officers and may overlook important evidence. Our independent investigation can reveal misconduct even when internal affairs found no wrongdoing.

Can undocumented immigrants file police brutality claims?

Yes, constitutional protections against police brutality apply to everyone, regardless of immigration status. Our police brutality attorney team can help you pursue your rights while taking appropriate precautions regarding immigration concerns.

What if I signed a statement or admitted fault?

Statements made under duress, without proper Miranda warnings, or without an attorney present may be challenged. Don't let prior statements discourage you from seeking legal help. Our San Bernardino police brutality lawyer team can evaluate your situation and explain your options.

About San Bernardino

San Bernardino is located in San Bernardino County, California, and falls under the jurisdiction of the United States District Court for the Central District of California, Eastern Division. The city is served by the San Bernardino Police Department and the San Bernardino County Sheriff's Department. Police brutality cases from this area may involve incidents occurring within city limits, in unincorporated areas of San Bernardino County, or in neighboring communities.

Cases may be filed in the San Bernardino Superior Court located at 247 West Third Street, San Bernardino, CA 92415, or the federal courthouse at 3470 12th Street, Riverside, CA 92501, depending on the nature of the claims. The city is part of the Inland Empire region, which includes Riverside County and eastern Los Angeles County.

Key jurisdictional entities include:

• San Bernardino Police Department
• San Bernardino County Sheriff's Department
• California Highway Patrol Inland Division
• San Bernardino County District Attorney's Office
• San Bernardino City Attorney's Office
• U.S. Attorney's Office, Central District of California

Serving clients throughout San Bernardino County including:

Rancho Cucamonga, Ontario, Fontana, Rialto, Highland, Redlands, Colton, Loma Linda, Grand Terrace, Yucaipa, Upland, Chino, Chino Hills, Adelanto, Apple Valley, Barstow, Big Bear Lake, Hesperia, Twentynine Palms, Victorville, and surrounding communities within the Inland Empire region.