MICHIGAN CIVIL RIGHTS LAWYERS AND POLICE MISCONDUCT LAWYERS
Michigan Police Misconduct Lawyer
The United States Constitution is the supreme law of the United States. The Constitution recognizes and guarantees certain civil rights, including the right to equal protection of the law and due process of law. The Fourth and Fourteenth Amendments grant rights that protect you from certain actions by the government and the police.
Hadous|Co. attorneys pride themselves on a long record of representing individuals in civil rights cases.
Our police misconduct lawyers represent individuals in cases ranging from false arrest, excessive force, police brutality, deadly force, unlawful shooting, unconstitutional search and seizure, wrongful death, and unlawful seizure or civil forfeiture. We also represent prisoners in need of medical treatment for serious medical needs, or that have been denied medical treatment.
Hadous|Co. attorneys pride themselves on a long record of representing individuals in civil rights cases.
Our police misconduct lawyers represent individuals in cases ranging from false arrest, excessive force, police brutality, deadly force, unlawful shooting, unconstitutional search and seizure, wrongful death, and unlawful seizure or civil forfeiture. We also represent prisoners in need of medical treatment for serious medical needs, or that have been denied medical treatment.
"Those who make peaceful revolution impossible, make violent revolution inevitable."
John F. Kennedy.
How to Choose a Police Misconduct Lawyer in Michigan?
You should select an experienced Michigan civil rights attorney with a record of success in state and federal courts, a history of success at trial, and a record of success in state and federal appellate courts. Civil rights cases are typically complex, multi-faceted, and vigorously defended by state and local governments and their armies of lawyers. An experienced trial attorney will prepare your case for trial from day one, and will be aware of potential pitfalls and issues that could be the basis of an appeal by either party following trial. Sometimes, it is just as important to preserve an important issue for appeal, as it is to secure a verdict at trial. A tactful attorney will know how to win your case at trial, preserve issues for appeal, and secure a favorable outcome for you.
Why Choose our Michigan Police Misconduct Attorneys?
Knowledgeable civil rights and police misconduct attorneys.
Our attorneys have successfully litigated virtually every type of civil rights case. Nick Hadous has represented companies in the recovery of property wrongfully seized by the government in civil forfeiture actions, victims of police brutality, police misconduct, prisoners seeking medical treatment, and victims of sexual harassment by their employer. Mr. Hadous has a record of success at trial, and a record of consistently prevailing at the appellate level, whether he is appealing the trial court or defending an appeal.
Experienced trial lawyers.
We are seasoned trial lawyers who know what it takes to prove your civil rights case at trial. Civil rights cases are largely won (or lost) through discovery, motion practice, and knowing your case better than the opposing side. Our civil rights attorneys know what it takes to effectively litigate and to win your case at the trial. Since 2012, Nick Hadous has taken nearly a dozen civil rights and bad faith insurance cases to trial, achieving multi-million dollar verdicts and settlements for his clients.
Experienced appellate lawyers.
Many civil rights cases do not end at trial and are appealed to an appellate court. Our attorneys have successfully appealed and defended appeals of civil rights cases in the U.S. Sixth Circuit Court of Appeals and the U.S. Ninth Circuit Court of Appeals. It is imperative for civil rights and other trial attorneys to know and understand the issues that can be the basis for an appeal of a dismissal or judgment.
Our attorneys have successfully litigated virtually every type of civil rights case. Nick Hadous has represented companies in the recovery of property wrongfully seized by the government in civil forfeiture actions, victims of police brutality, police misconduct, prisoners seeking medical treatment, and victims of sexual harassment by their employer. Mr. Hadous has a record of success at trial, and a record of consistently prevailing at the appellate level, whether he is appealing the trial court or defending an appeal.
Experienced trial lawyers.
We are seasoned trial lawyers who know what it takes to prove your civil rights case at trial. Civil rights cases are largely won (or lost) through discovery, motion practice, and knowing your case better than the opposing side. Our civil rights attorneys know what it takes to effectively litigate and to win your case at the trial. Since 2012, Nick Hadous has taken nearly a dozen civil rights and bad faith insurance cases to trial, achieving multi-million dollar verdicts and settlements for his clients.
Experienced appellate lawyers.
Many civil rights cases do not end at trial and are appealed to an appellate court. Our attorneys have successfully appealed and defended appeals of civil rights cases in the U.S. Sixth Circuit Court of Appeals and the U.S. Ninth Circuit Court of Appeals. It is imperative for civil rights and other trial attorneys to know and understand the issues that can be the basis for an appeal of a dismissal or judgment.
Unreasonable or Excessive Force; Police Brutality; Police Misconduct
Constitutional rights protect you from unreasonable search and seizure, and excessive force by police or other law enforcement officers. The use of force by police, especially deadly force, has become all too common these days and dominates the news cycle. Just about every day there is a new story about someone shot or killed by police during a routine traffic encounter. Sadly, these episodes affect everyone, including the tens of thousands of good police officers who risk their lives to protect and serve, and undermine faith in our justice system.
What type of force can the police use?
Police use of force can be described as a continuum of force ranging from no force to deadly force. The use of force continuum can range from police officer presence escalating to verbal commands, empty hand control, non-lethal force, lethal force, and deadly force. As a general rule, police officers can use objectively reasonable force to make an arrest, or force that is necessary for self-defense. The term "objectively reasonable force" is a legal standard for evaluating the use of force by police officers. Police misconduct occurs when officers abuse or exceed their authority to use force during an arrest. The legal term for this form of police misconduct is "excessive force."
Needless to say, civil rights cases can be complex and highly fact-driven. If you have been subject to the use of force by police during an arrest or other encounter, you should speak to a knowledgeable police misconduct lawyer about whether that use of force rises to the level of police brutality or police misconduct. If you are a victim of police brutality, you may have a claim for excessive force. Claims for excessive force can be brought under 42 U.S.C. §1983, a civil rights law commonly referred to as "Section 1983." Section 1983 is a federal statute law that allows you to sue police officers in court for violations of Constitutional rights, including police brutality and police misconduct. Section 1983 allows you to recover damages for physical injuries, emotional distress, and for violations of your Constitutional rights without any accompanying physical or emotional harm.
Fourth Amendment - Your Constitutional Rights.
The Fourth Amendment protects you from unreasonable search and seizure, and requires that warrants issue upon probable cause. The Fourth Amendment places restrictions on police officers entering your home or private office, searching through your things, listening in on your private conversations, stopping you on the street to go through your pockets or briefcase, looking under your clothing, and detaining you at the police station. A warrantless search and seizure can be an instance of police misconduct that violates your Constitutional rights. Since there are exceptions to the warrant requirement, for instance life or death scenarios, you should consult an experienced civil rights lawyer in Michigan.
Fourteenth Amendment - Your Constitutional Rights.
The Fourteenth Amendment requires state governments to recognize the same individual rights of its citizens that the federal government must recognize. All citizens are guaranteed equal protection of their rights, as described throughout the amendments, equal protection of the laws, and no state can deprive a person of life, liberty, or property, without due process of law. This means that police officers and other law enforcement officers cannot discriminate against you on the basis of color, race, national origin, sex or other protected categories.
The Fourth and Fourteenth Amendments are sources of Constitutional protection against police brutality, police excessive force, and other forms of police misconduct. Police officers who use excessive force or engage in police brutality can and should be held accountable under the law. Our civil rights lawyers have successfully tried police brutality and police misconduct cases in federal courts throughout the country and in the federal appellate courts.
Civil Rights cases we handle include the following types of cases:
What type of force can the police use?
Police use of force can be described as a continuum of force ranging from no force to deadly force. The use of force continuum can range from police officer presence escalating to verbal commands, empty hand control, non-lethal force, lethal force, and deadly force. As a general rule, police officers can use objectively reasonable force to make an arrest, or force that is necessary for self-defense. The term "objectively reasonable force" is a legal standard for evaluating the use of force by police officers. Police misconduct occurs when officers abuse or exceed their authority to use force during an arrest. The legal term for this form of police misconduct is "excessive force."
Needless to say, civil rights cases can be complex and highly fact-driven. If you have been subject to the use of force by police during an arrest or other encounter, you should speak to a knowledgeable police misconduct lawyer about whether that use of force rises to the level of police brutality or police misconduct. If you are a victim of police brutality, you may have a claim for excessive force. Claims for excessive force can be brought under 42 U.S.C. §1983, a civil rights law commonly referred to as "Section 1983." Section 1983 is a federal statute law that allows you to sue police officers in court for violations of Constitutional rights, including police brutality and police misconduct. Section 1983 allows you to recover damages for physical injuries, emotional distress, and for violations of your Constitutional rights without any accompanying physical or emotional harm.
Fourth Amendment - Your Constitutional Rights.
The Fourth Amendment protects you from unreasonable search and seizure, and requires that warrants issue upon probable cause. The Fourth Amendment places restrictions on police officers entering your home or private office, searching through your things, listening in on your private conversations, stopping you on the street to go through your pockets or briefcase, looking under your clothing, and detaining you at the police station. A warrantless search and seizure can be an instance of police misconduct that violates your Constitutional rights. Since there are exceptions to the warrant requirement, for instance life or death scenarios, you should consult an experienced civil rights lawyer in Michigan.
Fourteenth Amendment - Your Constitutional Rights.
The Fourteenth Amendment requires state governments to recognize the same individual rights of its citizens that the federal government must recognize. All citizens are guaranteed equal protection of their rights, as described throughout the amendments, equal protection of the laws, and no state can deprive a person of life, liberty, or property, without due process of law. This means that police officers and other law enforcement officers cannot discriminate against you on the basis of color, race, national origin, sex or other protected categories.
The Fourth and Fourteenth Amendments are sources of Constitutional protection against police brutality, police excessive force, and other forms of police misconduct. Police officers who use excessive force or engage in police brutality can and should be held accountable under the law. Our civil rights lawyers have successfully tried police brutality and police misconduct cases in federal courts throughout the country and in the federal appellate courts.
Civil Rights cases we handle include the following types of cases:
- Police Misconduct
- Police Abuse and Police Brutality
- Excessive Force
- False Arrest
- Deadly Force
- Wrongful Death
- Civil Forfeiture and Seizure of Property
Civil Forfeiture Lawyer; Forfeiture Attorneys
Our Michigan civil forfeiture attorneys can help you recover property seized by the police or government. The right to your property and from arbitrary or unlawful seizure of property is an essential civil right. However, in some instances the police or government can seize property that is used in the commission of a crime or for an unlawful purpose. Many believe that laws permitting seizure and forfeiture of property incentivize local governments and law enforcement to make aggressive, unwarranted seizures of property and assets.
Administrative seizure and civil forfeiture proceedings are quasi-criminal processes by which the state or federal government takes control of property claiming it is connected with illegal activity and therefore subject to forfeiture. Administrative seizure and civil forfeiture proceedings are highly fact driven and often involves burden shifting. It is imperative that you retain an experience forfeiture attorney who knows and understands the government’s burden of proof and your burden of proof.
Warrants issued upon probable cause are typically required for seizures of land and real property. Federal agents can seize currency and other personal property that can be easily destroyed or moved without a warrant issued upon probable cause.
When the federal government seizes property, federal authorities are typically required to provide written notice to the owner within a certain amount of time (usually within 60 days). At any time, the property owner or an authorized party wishing to challenge the seizure may file a claim with the seizing agency identifying the property and stating his interest in the property. After that claim is filed, the government usually has 90 days to initiate a civil forfeiture proceeding in a federal District Court or release the property.
In a civil forfeiture trial, the government’s burden of proof is by a preponderance of the evidence that the property is legitimately subject to forfeiture (derived from an illegal source or involved in an unlawful transaction).
There are numerous defenses civil forfeiture actions. If the government fails to meet its initial burden of proof, then its forfeiture claim will fail. The innocent owner defense is another defense to civil forfeiture. However, because this is an affirmative defense the owner has the burden to prove that he or she did not know about the illegal conduct. Additionally, the Eighth Amendment to the U.S. Constitution can prevent a seizure or forfeiture of property that is “grossly disproportionate” to the unlawful activity alleged.
Civil forfeiture law is extremely complex many seasoned civil rights attorneys are unfamiliar with civil forfeiture law and procedure. Property seized by the government can deprive you of valuable assets and resources. It is imperative to consult an experienced forfeiture attorney if the government seizes your property. Hadous|Co. attorneys have helped individuals and businesses recover hundreds of thousands of dollars in property wrongfully seized by the government.
Administrative seizure and civil forfeiture proceedings are quasi-criminal processes by which the state or federal government takes control of property claiming it is connected with illegal activity and therefore subject to forfeiture. Administrative seizure and civil forfeiture proceedings are highly fact driven and often involves burden shifting. It is imperative that you retain an experience forfeiture attorney who knows and understands the government’s burden of proof and your burden of proof.
Warrants issued upon probable cause are typically required for seizures of land and real property. Federal agents can seize currency and other personal property that can be easily destroyed or moved without a warrant issued upon probable cause.
When the federal government seizes property, federal authorities are typically required to provide written notice to the owner within a certain amount of time (usually within 60 days). At any time, the property owner or an authorized party wishing to challenge the seizure may file a claim with the seizing agency identifying the property and stating his interest in the property. After that claim is filed, the government usually has 90 days to initiate a civil forfeiture proceeding in a federal District Court or release the property.
In a civil forfeiture trial, the government’s burden of proof is by a preponderance of the evidence that the property is legitimately subject to forfeiture (derived from an illegal source or involved in an unlawful transaction).
There are numerous defenses civil forfeiture actions. If the government fails to meet its initial burden of proof, then its forfeiture claim will fail. The innocent owner defense is another defense to civil forfeiture. However, because this is an affirmative defense the owner has the burden to prove that he or she did not know about the illegal conduct. Additionally, the Eighth Amendment to the U.S. Constitution can prevent a seizure or forfeiture of property that is “grossly disproportionate” to the unlawful activity alleged.
Civil forfeiture law is extremely complex many seasoned civil rights attorneys are unfamiliar with civil forfeiture law and procedure. Property seized by the government can deprive you of valuable assets and resources. It is imperative to consult an experienced forfeiture attorney if the government seizes your property. Hadous|Co. attorneys have helped individuals and businesses recover hundreds of thousands of dollars in property wrongfully seized by the government.
Section 1983 Damages
What types of damages are available under Section 1983?
Section 1983 authorizes two principal remedies, monetary damages for violations of Constitutional rights, or injunctive relief to protect your Constitutional rights or to prevent violations of your Constitutional.
Monetary Damages (compensatory damages, punitive damages, nominal damages)
Section 1983 authorizes two principal remedies, monetary damages for violations of Constitutional rights, or injunctive relief to protect your Constitutional rights or to prevent violations of your Constitutional.
Monetary Damages (compensatory damages, punitive damages, nominal damages)
- Compensatory Damages. The recovery of compensatory damages is intended to compensate a person for injury or loss. Compensatory damages are also available as damages for violations of your Constitutional rights.
- Punitive Damages. In certain instances, punitive damages are available in Section 1983 actions. Punitive damages are intended to punish, and deter police officers and other governmental officials from similar committing similar violations of Constitutional rights. Punitive damages can be awarded even if you are awarded nominal (minimal) compensatory damages.
- Nominal Damages. Where a Constitutional violation is proven without any accompanying compensable damages, or out-of-pocket loss, the plaintiff is entitled to recover "nominal" damages. Nominal damages are available because the law recognizes the importance to organized society that constitutional rights be scrupulously observed.
- In certain instances, injunctive relief is necessary to remedy an ongoing Constitutional violation. An injunction is essentially a court order directing a person or entity to either take certain action or refrain from certain action to protect Constitutional rights.
Speak to an Experienced Michigan Police Brutality Lawyer Today.
Free Confidential Consultations.
We do not charge a consultation fee to speak to you about your civil rights. If you believe the government or the police violated your civil rights, we would like to speak with you and would be happy to answer any questions you may have. Please contact us by using our contact form at the bottom of our website.
Contingency Fee Arrangements.
If we decide to represent you, we offer contingency fee arrangements, meaning you will not have to pay us anything unless we recover monetary damages on your behalf.
We do not charge a consultation fee to speak to you about your civil rights. If you believe the government or the police violated your civil rights, we would like to speak with you and would be happy to answer any questions you may have. Please contact us by using our contact form at the bottom of our website.
Contingency Fee Arrangements.
If we decide to represent you, we offer contingency fee arrangements, meaning you will not have to pay us anything unless we recover monetary damages on your behalf.