Why are cases against law enforcement officials so difficult?
UPDATED: January 28, 2009
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Second, law enforcement officials have qualified immunity (as discussed above). Thus the law enforcement officials conduct must be willful or, at a minimum, reckless in order for someone to be able to sue. Being merely careless (or mildly unreasonable) conduct are not sufficient to allow you to sue.
Third, the officials conduct must deprive you of a civil right. For example, an officer neglecting to read you your Miranda rights (your right to remain silent and right to counsel) cannot be sued unless you turn over evidence that is used against you by the law enforcement agency.
Fourth, in order to sue for use of excessive force, you must suffer a significant injury. Even if you suffer such an injury, if the law officers use of force was justifiable and you can bet that she will claim it was a lawsuit will not be successful.