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Police Misconduct: Understanding Civil Rights Violations

Police Misconduct: Understanding Civil Rights Violations

January 19, 2026 | Collins Law Firm

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The Collins Law Firm is proud to stand up for Illinois residents whose civil rights have been violated by law enforcement officers or government officials. When police officers misuse their authority — through violence, false arrest, or discrimination — it erodes public trust and inflicts deep harm on individuals and communities.

At The Collins Law Firm, we believe that no one is above the law. We hold police departments, municipalities, and officers accountable when they violate the constitutional rights they are sworn to protect.

What Is Police Misconduct?

Police misconduct occurs when an officer or department acts outside the bounds of the law or violates an individual’s civil rights under the U.S. Constitution or Illinois state law.

Examples include:

  • Excessive or deadly force
  • Unlawful arrests or detentions
  • Fabrication or destruction of evidence
  • Racial profiling or discrimination
  • Coerced confessions or witness intimidation
  • Failure to provide medical care to detainees
  • Retaliation against whistleblowers or protesters

These actions violate fundamental rights guaranteed under the Fourth Amendment (freedom from unreasonable searches and seizures), Eighth Amendment (freedom from cruel and unusual punishment), and Fourteenth Amendment (due process and equal protection).

The Human Cost of Police Misconduct

Police misconduct doesn’t just affect the victim — it harms families, erodes communities, and undermines confidence in public institutions. Victims may experience:

  • Physical injuries or permanent disability
  • Emotional trauma and psychological distress
  • Loss of employment or reputation
  • Wrongful incarceration
  • Damage to family relationships and community standing

The Collins Law Firm represents victims with compassion and determination, ensuring that their voices are heard and their rights vindicated in court.

Understanding Your Civil Rights

Everyone in Illinois — regardless of race, religion, background, or immigration status — has the right to be treated fairly by law enforcement.

Key civil rights include:

  • The right to be free from unreasonable searches or seizures
  • The right to due process before being deprived of liberty or property
  • The right to equal protection under the law
  • The right to freedom of speech and assembly

When police cross the line — by using excessive force, targeting someone unfairly, or falsifying charges — victims can file a civil rights lawsuit under 42 U.S.C. § 1983, the federal law that allows individuals to sue state actors for constitutional violations.

Common Types of Police Misconduct Cases

1. Excessive Force and Police Brutality

Police may use reasonable force when necessary, but excessive or deadly force violates both civil and criminal law. Victims of unnecessary physical violence — including taser use, baton strikes, or shootings — can pursue compensation for medical expenses, pain, and emotional trauma.

2. False Arrest or Wrongful Imprisonment

An arrest without probable cause or a warrant is unconstitutional. The Collins Law Firm helps victims pursue claims for false imprisonment and the long-term damage it causes to their lives and reputations.

3. Fabrication of Evidence or Misconduct During Prosecution

Some wrongful convictions result from falsified reports, coerced confessions, or withheld evidence. These actions violate due process and can lead to federal civil rights lawsuits once the wrongful conviction is overturned.

4. Failure to Intervene or Provide Medical Care

Officers who witness another officer’s misconduct but fail to intervene can also be held liable. Likewise, neglecting an injured or detained person’s medical needs constitutes deliberate indifference — a constitutional violation.

How The Collins Law Firm Builds a Civil Rights Case

Civil rights cases are among the most challenging areas of law. They require both legal precision and moral courage. The Collins Law Firm approaches these cases with a combination of compassion and tenacity.

Our process includes:

  1. Gathering evidence — video footage, police reports, body camera recordings, and eyewitness statements.
  2. Consulting experts — in use-of-force, forensic science, and policing standards.
  3. Filing claims under Section 1983 and Illinois law.
  4. Holding institutions accountable — not just individual officers, but also departments that foster patterns of misconduct.

We pursue justice in both state and federal courts, ensuring our clients’ voices are heard at every level.

Qualified Immunity: A Barrier to Accountability

One of the biggest challenges in police misconduct cases is qualified immunity, a legal doctrine that shields officers from liability unless their conduct clearly violated “established law.”

While this protection was designed to allow police to perform their duties without fear of constant lawsuits, it has often been used to deny justice to victims.

The Collins Law Firm aggressively challenges claims of qualified immunity by showing that the officer’s actions were unreasonable, unlawful, and outside the scope of their duties.

Potential Defendants in a Civil Rights Case

In a police misconduct lawsuit, more than one party may be held responsible, including:

  • The individual officers who committed the misconduct.
  • The police department or municipality, for failure to train or supervise.
  • Supervisors who condoned or ignored misconduct.
  • Jail or correctional officials who violated detainee rights.

Illinois cities and counties can also face liability under the Monell doctrine if the misconduct resulted from a departmental policy, custom, or failure to discipline known offenders.

Damages Available to Victims

Victims of police misconduct may recover compensation for both economic and non-economic damages, including:

  • Medical expenses and therapy costs
  • Lost income or employment opportunities
  • Pain, suffering, and emotional distress
  • Loss of liberty and dignity
  • Reputational harm
  • Punitive damages against egregious misconduct
  • Attorney’s fees and court costs (under Section 1988)

In cases involving death, families may pursue wrongful death claims, seeking justice for their loved one and accountability for systemic failures.

Statute of Limitations in Illinois Civil Rights Cases

Most Illinois civil rights and police misconduct claims must be filed within two years of the incident. However, cases involving wrongful convictions or delayed discovery may allow for later filing once the conviction is vacated or the misconduct is uncovered.

Because evidence such as video footage or records can be lost or destroyed, contact The Collins Law Firm as soon as possible after an incident. Our team immediately issues preservation requests to secure crucial proof.

The Collins Law Firm’s Commitment to Justice

For over two decades, The Collins Law Firm has fought to protect individuals and communities across Illinois from powerful institutions — including corporations, government agencies, and law enforcement bodies.

Our attorneys bring deep experience in civil rights, personal injury, and wrongful death law. We stand with clients who have suffered injustice at the hands of authority, fighting to restore dignity, truth, and accountability.

Call The Collins Law Firm Today

If you or a loved one has been a victim of police misconduct, unlawful arrest, or excessive force, you don’t have to face the system alone.

Call The Collins Law Firm today to schedule your free consultation. Our attorneys will review your case, explain your rights, and help you hold those responsible accountable.

Get justice. Contact The Collins Law Firm now.

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