Civil Rights claims fall under Section 1983, and is the primary avenue for victims of police misconduct. Section 1983 makes it unlawful for anyone acting under the authority of state law to deprive another person of his or her rights under the Constitution or promulgated federal law.
The most common claims brought against police officers are false arrest (or false imprisonment), malicious prosecution, and use of excessive or unreasonable force. Another aspect of these claims we need to be aware of is the concept of qualified immunity. Because it is the first roadblock to any Civil Rights claim against a police officer, lets begin our discussion there.
What is Qualified Immunity?
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