HOW TO PROVE POLICE MISCONDUCT?
Police misconduct frequently involves a negligence claim. In this context, the plaintiff is required to provide on a balance of probabilities that the officer owed a duty of care, failed to act like a reasonably prudent officer, and caused the damages complained of.
In the context of assault and battery, the plaintiff must prove on a balance of probabilities that the officer used physical force or the threat of imminent force Without consent and without a legal right.
In a claim of misfeasance of public office, the plaintiff must prove that the officer, in carrying out the conduct complained of, exceeded the scope of their office
There may be other grounds depending on the circumstances.
Police misconduct is a specialized area of tort and constitutional law. We are most frequently dealing with the torts of negligence, misfeasance in public office, assault, and battery. From a constitutional perspective, we typically examine whether to life, liberty and security of the person meet the principles of fundamental justice. We also look whether discrimination occurred and whether the treatment constituted cruel and unusual punishment.
