Las Vegas Police Brutality Lawyer
Shook & Stone - Las Vegas Civil Rights & Police Brutality Attorneys
Personal Injury
Definition of Police Brutality in Las Vegas
Police brutality is a term used to describe the unwarranted and excessive use of force, whether physical or verbal, by law enforcement officials towards civilians.
This can lead to a range of injuries, from minor bruises and cuts to severe physical trauma and even death.
Police brutality can implicate a violation of an individual’s civil rights and can be particularly contentious when grounded in racial profiling or other discriminatory practices.
In recent years, civil rights laws, legal action, and civil lawsuits against law enforcement agencies and law enforcement officials have become crucial components in addressing police misconduct and holding law enforcement officers accountable for their actions.
Las Vegas Police Departments
The Las Vegas Police Department (LVMPD) is the law enforcement agency responsible for maintaining public safety and enforcing the law in the city of Las Vegas.
As of 2021, the department has around 4,000 sworn officers and over 700 civilian personnel, making it one of the largest police departments in the United States. The LVMPD is organized into several divisions, including:
- criminal investigations
- homeland security
- patrol
- traffic
In 2011, an unarmed man named Trevon Cole was shot and killed by the police during a raid on his apartment in Las Vegas. The officers involved in the shooting claimed that Cole had reached for a gun, but no gun was found on the scene. The incident raised questions about the use of force by police and led to protests and calls for justice.
More recently, in 2020, a man named Jorge Gomez was shot and killed by police during protests in downtown Las Vegas. Gomez was allegedly carrying firearms and was shot multiple times by officers. His death sparked further protests and demands for accountability from the police department.
In recent years, there have been several incidents of excessive force and misconduct officers nationally that have affected the police force in Las Vegas as well, including the death of George Floyd in 2020 in Minneapolis, Minnesota and the death of Tamir Rice in 2014 which took place in Cleveland, Ohio.
To address these and other incidents of police brutality, the LVMPD has implemented several policies and training programs aimed at preventing and responding to excessive force and other forms of misconduct.
These include mandatory de-escalation training for officers, greater use of body-worn cameras, and a stronger emphasis on community policing and engagement.
These incidents illustrate the need for accountability and reform in the way that police interact with citizens in Las Vegas and throughout the country. It is important for individuals to have access to legal representation, such as a Las Vegas Police Brutality Lawyer, when their rights have been violated.
If you believe you have been the victim of police brutality or misconduct by an LVMPD officer, there are several official channels for filing complaints or reporting these incidents.
These include contacting the police department’s Internal Affairs Division or filing a report with the Citizen Review Board (a civilian oversight commission tasked with investigating complaints against LVMPD officers).
The LVMPD plays an important role in maintaining public safety and enforcing the law in Las Vegas. While the department has faced its share of controversies and challenges, it continues to work towards greater accountability, transparency, and community trust through its policies and training programs aimed at preventing police brutality and other forms of misconduct.
Types of Police Brutality in Nevada
Police brutality is a type of misconduct by law enforcement officers that involves the use of excessive force or which violates an individual’s constitutional rights.
There are several types of police brutality, each with its own set of characteristics and legal implications. Understanding the different forms of police brutality is important in knowing the possible legal actions that can be taken against it.
One form of police brutality is physical assault, which involves the use of excessive physical force by police officers during an interaction with a civilian. This can include the use of:
- batons
- firearms
- pepper spray
- tasers
In some cases, physical assault can result in severe injuries or even death. One example of physical assault occurred in 2014 when Eric Garner was placed in a chokehold by New York City police officers, resulting in his death.
Verbal abuse is another form of police brutality, involving the use of abusive language or threats by law enforcement officers towards civilians.
This can occur during an arrest or detention, and can cause emotional distress or psychological harm to the individual.
One example of verbal abuse occurred in 2017, when a police officer in Georgia was recorded telling a woman during a traffic stop that he would shoot her and her family.
Sexual assault is a particularly disturbing form of police brutality, it occurs when a police officer uses their position of power to sexually assault a civilian.
This can take many forms, including rape, sexual harassment, or unwanted touching. One notable case of sexual assault occurred in 2018 when a Chicago police officer was convicted of sexually assaulting a woman in police custody.
Racial profiling is a form of police brutality that involves the use of race as a factor in police decision-making. This can lead to individuals being targeted, harassed, or detained based on their:
- ethnicity
- national origin
- race
For instance, in 2015, a white South Carolina police officer shot and killed an unarmed black man, Walter Scott, after a traffic stop.
Illegal searches are also a form of police brutality, it occurs when law enforcement officers conduct searches of individuals or their property without a lawful justification or warrant.
This can result in the seizure of property or the violation of an individual’s right to privacy. One example of an illegal search occurred in 2020 when a group of New York City police officers searched a protester’s bag without permission or a warrant, and then falsely accused him of throwing projectiles.
Police brutality takes many forms that violate individuals’ rights and may result in personal injury, mental distress, and even death.
Legal Action Against Police Brutality in Las Vegas
Police brutality is a major concern in Las Vegas, as it is in many other cities across the United States. Victims of police misconduct and brutality may be entitled to legal compensation, including reimbursement for:
- Pain and suffering - Victims of police brutality may have suffered physical pain, mental anguish, or emotional distress as a result of their experience. These damages can often be recovered in legal action against the responsible officers or agencies.
- Medical expenses - Victims of police brutality may also be entitled to reimbursement for medical bills that arise as a result of their injuries. This includes both current and future medical expenses related to the incident, such as hospital stays, doctor's visits, physical therapy costs and any other medical care.
- Lost wages - Victims of police brutality may have suffered lost income due to their inability to work while recovering from their injuries . They may be entitled to reimbursement for their lost wages and any other financial losses they suffered as a result of the incident.
- Legal fees - Victims of police brutality may also be entitled to reimbursement for legal fees related to their case. This includes attorneys' fees, court costs, expert witness fees, and more.
As well as the opportunity to bring civil lawsuits against the responsible law enforcement officers and agencies.
Statute of Limitations
If you are a victim of police brutality in Las Vegas, it’s important to understand the Statute of Limitations for legal action. The Statute of Limitations is a time limit set by law that determines how long a victim has to file a civil lawsuit.
In Las Vegas, Nevada Statute of Limitations [1] start from the moment of incident, a victim of police brutality has two years from the date of the incident to file a civil lawsuit
This means that if you are a victim of police brutality in Las Vegas, you must file your lawsuit within two years of the date of the incident. If you don’t file your lawsuit within this timeframe, you may lose your right to sue.
It’s important to note that there are some circumstances where the Statute of Limitations may be extended.
For example, if the victim was a minor at the time of the incident, the clock may not start ticking until they turn 18 years old. If the victim didn’t discover their injuries until later, the Statute of Limitations may be extended to account for the delay.
Contacting a police brutality lawyer as soon as possible can help ensure that you don’t miss the deadline and that you have the best chance of receiving the compensation you deserve.
What to Do if You Are a Victim of Police Brutality in Las Vegas
If you are a victim of police brutality in Las Vegas, it is important to take immediate action to protect your rights and seek justice. Here are the steps you should take if you find yourself in such a situation:
- Seek Medical Attention: If you have suffered any physical injuries, the first thing you should do is seek medical attention. This not only helps to ensure that you receive the necessary treatment, but it also helps to document any injuries that may be relevant to your case.
- Document Everything: It is crucial to document everything that happened during the incident. This includes taking notes of what happened, getting witness statements, and taking photos or videos of the incident. Make sure to include the date, time, and location of the incident.
- Contact a Qualified Attorney: In order to protect your rights and navigate the legal process, it is important to contact a qualified police brutality attorney in Las Vegas. An experienced civil rights lawyer can help you gather evidence, file a claim, and negotiate with law enforcement agencies.
- File a Complaint: In addition to contacting an attorney, you can also file a complaint with the Las Vegas Police Department or contact the Nevada ACLU for assistance. These organizations can help to investigate the incident and hold law enforcement agencies accountable for any wrongdoing.
- Be Aware of the Statute of Limitations: It is important to be aware of the statute of limitations for filing a claim, which is two years in Nevada. If you don't file your claim within this timeframe, you may lose your right to sue.
How to File a Complaint Against the Las Vegas Police Department
Instances of police brutality or misconduct in Las Vegas can be traumatic and distressing for victims and witnesses.
Filing a complaint against the Las Vegas Police Department can be a critical step toward seeking justice and holding the responsible law enforcement officers accountable for their actions.
The first step in filing a complaint against the Las Vegas Police Department is to document the details of the incident. This includes:
- Comprehensive narrative of what happened during the incident
- Names and contact information of witnesses
- Police officer's badge number
Victims or witnesses of police misconduct should record any hospital records and photographs or video-recording of the abuse or its aftermath if applicable. This documentation can be crucial evidence in building a complaint against the police department.
Once the details of the incident have been documented, it is essential to consult with a qualified civil rights attorney from Shook & Stone who specialize in police misconduct cases.
Our experienced attorneys can guide the victim or witness through the filing process, ensuring that every step is followed accurately.
At Shook & Stone, our police misconduct attorneys will advise on the best approach to take, give legal advice, and ensure all necessary steps are taken to bring the complaint to the attention of the relevant authorities.
After consulting with a police misconduct lawyer, the next step is to submit the misconduct complaint to the relevant review board.
The Las Vegas Police Department has an internal affairs division responsible for reviewing such police misconduct complaints.
The review board will investigate the incident and issue reports and recommendations to the sheriff. These reports can help determine whether the responsible officer(s) should face disciplinary action, training, or other corrective measures.
Common Forms of Remedies for Victims of Police Brutality
Police brutality is a significant issue that many people face, and victims of such brutality have several options when it comes to seeking redress for the harm they have suffered. Here are some of the more commonly sought remedies available to victims of police brutality.
- Monetary Compensation: One of the most common remedies sought by victims is monetary compensation. This remedy is typically awarded for economic damages such as medical expenses and loss of wages due to injury or damage to property. Monetary compensation can also help the victim deal with non-economic damages such as emotional distress and pain and suffering.
- Punitive Damages: In addition to monetary compensation, victims of police brutality may also be entitled to punitive damages. These damages are intended to punish the wrongdoer and deter future police misconduct. Punitive damages are often awarded when the police officer's conduct is found to be particularly egregious, for instance, where the officer acted with malice or acted in a manner that was especially reckless.
- Injunctive Relief: Another remedy available to victims of police brutality is injunctive relief. This type of relief is meant to stop further misconduct on the part of the police department. Injunctive relief can take many forms, such as a court order to implement specific training programs for the officers or a mandate that the department adopts new policies and procedures to prevent future misconduct.
- Equitable Remedies: Victims of police brutality may also be entitled to equitable remedies like expungement of false arrest records. This remedy is particularly important for individuals who were wrongly arrested or charged with a crime because of police misconduct. Expungement of these records can help clear their name and prevent future damage to their reputation.
Potential Civil Lawsuits For Victims of Police Brutality in Las Vegas
Las Vegas, like many cities across the United States, has seen its fair share of cases of police brutality.
When officers use excessive force or violate the constitutional rights of individuals, victims may be entitled to seek justice through civil lawsuits. These incidents involve an abuse of power and here are some potential civil lawsuits that victims of police brutality can file in Las Vegas:
Economic Damages Lawsuit
Victims of police brutality in Las Vegas can pursue a civil lawsuit to recover economic damages resulting from their experience.
This could include medical expenses incurred as a result of injuries sustained during the incident, as well as property damage.
For example, if an officer used excessive force during an arrest and caused damage to the victim's car, the victim could seek compensation for the repairs.
Bodily Injury Lawsuit
If a victim of police brutality in Las Vegas has suffered physical harm, they may be entitled to file a bodily injury lawsuit.
This type of lawsuit seeks compensation for medical bills, pain and suffering, and other damages resulting from the assault or excessive force used by the officer.
Civil Rights Lawsuit
Victims of police brutality can sue law enforcement officials for violating their constitutional and civil rights.
This type of lawsuit asserts that the officers used excessive force or acted unlawfully during the incident. A civil rights lawsuit may also seek damages for emotional distress caused by the experience.
Wrongful Death Lawsuit
Tragically, some victims of police brutality in Las Vegas lose their lives as a result of the excessive force used by officers.
If a loved one dies due to police brutality, surviving family members may have the right to file a wrongful death lawsuit.
This type of lawsuit can seek compensation for the loss of support and companionship, burial expenses, and other damages resulting from the victim's death.
Verbal Abuse and Unreasonable Search Lawsuits
In some instances, police officers use verbal abuse or conduct unreasonable searches during an encounter with a citizen.
Victims can bring a civil lawsuit against the officer or department to seek compensation for emotional distress or other damages caused by such behavior.
Contact Our Experienced Las Vegas Police Brutality Attorneys Today
If you or a loved one has experienced police brutality in Las Vegas, it is important to take action to seek justice. You may be entitled to compensation for the physical and emotional harms that you have suffered.
At Shook & Stone our experienced Las Vegas police brutality attorneys are here to help. We understand the complex laws surrounding civil rights violations and can provide comprehensive legal advice and representation for your case.
Contact us today at (720) 570-0000 or fill out our contact form to schedule a free, no-obligation consultation.
References
NRS: CHAPTER 11 – LIMITATION OF ACTIONS. (n.d.). NRS: CHAPTER 11 – LIMITATION OF ACTIONS. https://www.leg.state.nv.us/NRS/NRS-011.html {1}
What Our Clients Say
Visit Our Office in Downtown Las Vegas
Shook & Stone
710 S 4th St.
Las Vegas, NV 89101
(702) 570-0000
Visit Our Office in Southwest Las Vegas
Shook & Stone
9455 W Russell Rd Suite 100
Las Vegas, NV 89148
(702) 385-2220
