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 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 […]

February 6, 2024
Effective DUI Defenses You Can Utilize

Facing a DUI charge can be a burdensome experience and frightening. You might feel like there’s no way to defend yourself, but that’s not true. There are several effective defenses that skilled DUI lawyers use to protect their clients. Understanding these defenses can be crucial in fighting a DUI charge. DUI defenses vary depending on […]

October 10, 2023
Do You Lose Your License Immediately After a DUI Charge in San Jose?

Driving under the influence (DUI) is a major offense in San Jose. If you’ve been arrested for a DUI, you might be worried about the future of your driver’s license. Following a DUI arrest, you might be wondering what to do next. Knowing your rights and the next steps can significantly impact the outcome of […]