The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches and seizures by governmental officials. Its basic purpose is to safeguard the privacy and security of individuals against arbitrary invasions by the government.
The men and women who serve on our police departments put their lives at risk everyday in an effort to protect our cities and towns. However, even the best of police departments may have officers who perform outside of reasonable and acceptable standards.
Federal and state laws exist that provide recourse to individuals who have been arrested, detained, and/or prosecuted in the court system in the absence of any probable cause to believe they committed any crime. If you have been unlawfully detained, arrested and/or prosecuted, you may have had your civil rights violated.
As an individual, you should know that police may only use the amount of force that is reasonable under the circumstances. If you have been seriously injured or a relative has been killed by the police under circumstances that did not require the use of such force, you may have a cause of action against the police officers and the town or city where police department is located.
If a government agency has violated your civil rights and you intend to bring a lawsuit against the municipality, you must file a Notice of Claim with that municipality within 90 days of the event or your ability to bring a state cause of action may be barred.
At The Bellantoni Law Firm, we have the experience to file your notice of claim in a timely fashion to protect your rights, represent you in your criminal defense and follow through with your civil rights action in state or federal court.