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.