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You
can obtain CLAIM FOR DAMAGES forms from The City Clerk or the Clerk
or the Board of Supervisors in your locality. The address and telephone
number for those needed most often are: |
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CITY
OF LOS ANGELES
200 No. Spring St. #395
Los Angeles. CA 90012
(213) 485-5705 |
COUNTY
OF LOS ANGELES
500 Ternp!e St., #383
Los Angeles. CA 90012
(213) 974-1440
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STATE
OF CALIFORNIA
(Highway Patrol)
State Board of Control
P.O. Box 3035
Sacramento, CA 95812-3035
(916) 323-3564 |
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| INTRODUCTION |
| A
police officer has the duty to act with reasonable care in carrying
out his/her responsibilities and duties. There are, however, some
police officers who routinely abuse their power, such as putting handcuffs
on too tight using abusive language and using more force than is necessary;
there are also police departments who do very little to discourage
such acts. These police officers and departments do much to breed
hostility and antagonism between them and community residents. |
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You
have a responsibility to yourself and to your community to report
police misconduct, in support of the campaign to curb police abuse
and brutality We hope this information provides you with the necessary
information to help fight police misconduct. In the spirit of promoting
community awareness, the Board of Directors of the POLICE MISCONDUCT
LAWYER REFERRAL SERVICE (PMLRS) have published this information. |
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ABUSE
OF POWER AND BRUTALITY |
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To
file a 6 month claim you should fill our a form which you can get
from the city clerk (if the police officer is employed by the dry
police department): from the County Board of Supervisors (if the police
officer is employed as a County Sheriff); or the State Board of Control
in Sacramento (If the police officer is s state police officer or
member of the California Highway Patrol) or you can send a letter
to the PMLRS requesting a 6 month claim form, indicating which agency
was involved in the incident along with a self-addressed envelope,
and we will mail a form to you. You should also keep same evidence
of mailing the claim (mail receipt) and a copy of the claim when filed. |
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Your
claim will be reviewed by one of the above-named governing boards
(e.g.. the city council, the board of supervisors or the stare board
of control). The governing board must act within forty-five (45) days
after the claim has been presented to them. If the board does not
act within the 45 days, the claim Is deemed rejected by operation
of Law. If the governing board grants your claim, there will probably
be an out-of-court settlement. If the governing board rejects your
claim by notice or by operation of law, you must file a lawsuit within
six (6) months from the date of rejection of your claim. Filing a
6 month claim Is not the same as filing a lawsuit. |
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Filing
a Lawsuit |
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File
a Small Claims Court action or contact the PMLRS. If your damages
are $5000 or less and you hove received a rejection of your claim,
a Small Claims Court action can be brought against the individual
police office, or the police deportment for acts of misconduct. There
are several small claims courts in Los Angeles County; contact the
one closest to your home. The Small Claims Court is inexpensive; it
Costs $8 to file a lawsuit. You must be at least 18 years old, or
be designated as “guardian ad litem” for a minor under
18 who has been injured by the police. Neither party can be represented
by an attorney in Small Claims Court; however, each has the right
to seek counsel and advice. The maximum amount that you can receive
in small claims court is $5,000. |
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If
you win in Small Claims Court, the officer can, end most likely will,
appeal to Superior Court where a new trial will be held on the issue.
At that time, you have the right to be represented by an attorney.
Contact the PMLRS. If you (the plaintiff) lose In Small Claims Court,
there Is no appeal. |
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Concoct
the PMLRS. If your damages are greater than $5000 or if your Small
Claim Court case was appealed. |
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What
is POLICE WATCH? |
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The
Police Misconduct Lawyer Referral Service (PMLBS) is an affiliated
program of Community Services Unlimited. Inc. with our own Board of
Directors. We provide consultation and assistance to anyone, regardless
of income, in filing claims for damages against the police. We also
provide referrals to our panel of private attorneys for representation
in cases where the conduct of the police has been improper and has
caused injury or damages. |
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The
referral panel of the PMLRS consists of concerned competent and skilled
lawyers. We also provide periodic workshops and seminars on topic
of police misconduct litigation to keep the referral service lawyers
informed of the most recent developments in this area of the law.
Clients may be referred to our panel of private attorneys on a contingency
fee basis. |
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The
PMLRS also has a revolving litigation fund which may provide up to
$500 towards the cost of litigation in certain cases,
Don’t feel hopeless or powerless in the face of police abuse
of power, brutality or misconduct Call us now at: (213)387—3325
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What
Is Police Misconduct? |
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Generally
police misconduct is the inappropriate and excessive use of police
power, consisting of the following: |
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a)
use of excessive physical force.
b) illegal entries.
c) illegal searches and seizures.
d) false arrests.
e) unwarranted and unprivileged invasions of privacy through the
use of surveillance, wire tappings, and infiltration into lawful
groups.
f) sexual assaults.
g) unnecessary shootings.
h) beatings
i) use of insulting words.
j) racist and sexist remarks.
k) and other, acts you suspect are wrong of unjust.
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What
you should do If you area victim of police misconduct. |
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If
you feel you have been a victim of police abuse or misconduct of any
type, you should contact the PMLRS at (213) 387—3325 and immediately
take the following actions: |
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When
injured, it is very important that you do the following as soon as
possible:
a) get color pictures if possible of all injuries or damages.
b) seek immediate medical attention.
c) get names, addresses and phone numbers of all witnesses. |
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Other
steps you can take |
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You can file an Internal
personnel or citizen’s complaint with the appropriate law enforcement
agency to get a written report of the misconduct in the officer’s
personnel file |
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A
word of caution: Many police departments do not encourage
the filing of police misconduct complaints against their officers.
In fact, you may even be
discouraged from doing so. There are no rime limits on filing a citizen’s
complaint, but it should be flied as soon as possible. |
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All police departments have
a responsibility to investigate police misconduct and to take action
to prevent it from happening in the future. |
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Although you are not under
a legal duty to disclose any information to the police, obviously
in order to process your complaint, you must provide some information.
But you should only give basic and necessary information, such as
your name, any witnesses, date and time of the incident, and a brief
descriptIon of what happened. REMEMBER the information you give to
the police can and will be used against you in court, if a civil lawsuit
is filed by you or if criminal charges are brought against you. |
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A
good practice is to write down what you will say before calling or
speaking to the police and to keep this as a record of your statement.
Pictures of your injuries and other records, like medical reports,
will be very important to prove your Case in court. REMEMBER:
It is vitally important that as many incidents of police misconduct
as possible are reported to force the police departments to recognize
and deal with the problem. |
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Filing a 6-Month Claim form,
is absolutely necessary to preserve your right to file a lawsuit.
Under the California Government Code Section 912.5. you must file
a claim for injury, death, or property damage within six-months (6)
months from the time of the incident causing the injuiy. You should
file the 6 month claim as soon as possible to avoid losing your right
to sue the police, should you decide to so at a later time. If the
6 months has passed, you should consult with an attorney immediately. |
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