Introduction
Can my
criminal case have an effect on a civil rights police abuse case? The U.S. Supreme
Court has held in Heck v. Humphreys, 512 U.S. 477, 114 S. Ct. 2364, 129
L.Ed.2d 383 (1994), that a plaintiff is precluded from recovering damages
in a civil rights case if a judgment in favor of the plaintiff necessarily
would imply the invalidity of his criminal conviction or sentence that
has not been previously invalidated.
The U.S. Supreme Court has held that a plaintiff is precluded from recovering
damages in a civil rights case if a judgment in favor of the plaintiff
necessarily would imply the invalidity of his criminal conviction or sentence
that has not been previously invalidated.
If you have been convicted of a crime, you may not be able to sue the police
for civil rights violations relating to police abuse or excessive and
unreasonable force during your arrest.
The U.S. Supreme Court has held that a plaintiff is precluded from recovering
damages in a civil rights case if a judgment in favor of the plaintiff
necessarily would imply the invalidity of his criminal conviction or sentence
that has not been previously invalidated. See City of Los Angeles v. Heller,
475 U.S. 796 (1986). This means that if you were convicted, your civil
rights case could be affected because any award of damages would be based
on your illegal conduct at issue in your criminal case which might mean
your conviction was invalidated as well. For example:
- If I was arrested for shoplifting and I sued the arresting officer for
false arrest and malicious prosecution but I plead guilty to those charges
in my criminal case. In this example, the court would dismiss the civil
case because the criminal plea invalidated my claims of false arrest and
malicious prosecution.
- If however, I was arrested for shoplifting but the officers used excessive
and unreasonable force against me, and I plead guilty to shoplifting only,
then my civil rights claims of excessive force could proceed.
Police cannot arrest and charge their way out of a lawsuit
The police cannot simply charge a person with resisting or obstructing
an officer if they use unreasonable and excessive force in order to prevent
a person they arrested from suing them. Police and prosecutors may decide
to charge a Penal Code 148, resisting arrest or Penal Code 69, resisting
arrest by force, in order to try to intimidate or dissuade you from pursuing
your civil rights case. If you plead guilty or found guilty of those charges,
it may be difficult to sue the police later.
If you have been unlawfully shot by police, and they have charged you with
a crime in order to cover up their abuse, then contact an attorney immediately!
The criminal process can have an effect on your civil rights case.
The criminal process can have an effect on your civil rights case. If you
are convicted or sentenced in relation to your claim, you may be barred
from pursuing a civil claim. The consequence of this is that if you are
convicted or sentenced, then even if the police officer who abused you
has been found liable for violating your rights, he/she cannot be ordered
to pay money damages to compensate for those injuries.
If you have been convicted of a crime, then you may be barred from pursuing
a civil rights claim. In order to pursue such a claim, the Supreme Court
has ruled that there must be an exception for cases where the state’s
prosecution is “so egregious and intentional that it effectively
denies due process of law.”
Contact the Law Offices of Scott D. Hughes
The best way to avoid any issues is to
contact an attorney early in the process. They will be able to advise you of what
steps need to be taken in order for your case to move forward as quickly
and efficiently as possible.