Hayward Shootings by Police Officers Spur Civil Rights Suits (42 US Code 14141)

Last Modified: October 13, 2020
September 30, 2013 | Rabin Nabizadeh | Search and Seizures

About a year ago, both 21-year old (names withheld for privacy) were killed in incidences involving local law enforcement officers in the Hayward area.  An attorney representing the family has taken on these two cases on the basis that they are violations of civil rights.  In one case, the police had pulled him over on suspicion of vehicular theft.  Arguing that he was reaching for a weapon, they shot him 6 times while he remained in the vehicle, which was in park.  For the other case, he was accidentally killed as local law enforcement shot at the driver, but killed the passenger instead.

There has been no response yet from city officials, but these two suits bring up possible police misconduct.  According to the “Police misconduct provision,” (42 US Code 14141) it is illegal for law enforcement officials, both state and local, to divest any person of the rights they are afforded by the Constitution and by other laws in the United States.  Included in this legal stipulation are things like “excessive force, discriminatory harassment, false arrests, coercive sexual conduct, unlawful stops, and searches or arrests.” 

In order to prove that there was police misconduct, however, the parties involved in the two aforementioned civil suits will have to prove that there exists a pattern to the police behavior outlined in the complaint.


latest news

February 27, 2024
What to Do if You’ve Been Arrested for a DUI in San Jose
Being arrested for a DUI in San Jose, CA, can have severe penalties, potentially resulting in jail time, losing your driver's license, and other serious consequences. Here's what to do if facing a DUI conviction after being accused of driving over the legal limit and how a California DUI lawyer can help you resolve your case with [...]
February 25, 2024
What Happens When You Get a DUI?
Getting a DUI (Driving Under the Influence) can be a stressful and life-changing event. It starts the moment a law enforcement officer suspects you've been drinking and driving. This can lead to being pulled over, undergoing a field sobriety test, and possibly being arrested. The consequences of a DUI arrest include legal action, potential jail [...]
February 6, 2024
What Can I Expect After Being Arrested for a DUI in San Jose?

Getting arrested for a DUI in San Jose can be a stressful and confusing experience. You might have many questions about what happens next and what you should do. Knowing the process and what to expect can help you navigate this challenging situation. It’s important to remember that a DUI arrest is severe, and the […]