Often in a police brutality case, there is an arrest. Our clients are usually charged with Aggravated Assault, Reckless Endangerment (REAP), Simple Assault, Resisting Arrest and various other crimes. If the person goes to trial and is not convicted, they can file a claim for malicious prosecution, meaning the officers put the charges on the person to mask their own misconduct.
In some cases where the police brutality is not severe, the most fruitful part of the civil rights claim is the malicious prosecution claim. An example of a good malicious prosecution case is where the police make a drug raid and arrest everyone in the house for possession with the intent to deliver. However, there is no evidence that everyone that was arrested was involved in any drug activity. In fact, the police have surveillance evidence for about 3 months, and only two of the six people arrested are on the tapes and even identified by the police. One of the four people not involved in any of the drug activity was on probation for credit card fraud at the time of the arrest and the judge from that case put a detainer on the person. At trial for the drug case, that person is found not guilty. However, the person sat in jail for 8 months until the drug case was brought to trial. In this example attorney Brian J. Zeiger, Esquire would sue for malicious prosecution even though there was no police brutality. The damages are computed based on the number of days in jail.
Contact us now for a free consultation with Brian J. Zeiger, Esquire. When you call, you will speak with a real lawyer who will personally arrange your free consultation. Call us now at 215.546.0340 or fill out the form. Our Philadelphia Malicious Prosecution Lawyers are standing by.