Insight

What to Do If You Become a Victim of Police Brutality?

Two Toronto firms, one focusing on police brutality and the other on personal injury, give advice on what are the next steps you should take if you find yourself the victim of police brutality or abuse.

What Can You Do If You Are a Victim of Police
GL

Grillo Law and Edson Legal

September 9, 2020 08:00 AM

Getting a fair recovery in a case that involves a law enforcement official can be difficult. You must prove that the police officer misbehaved in his or her line of duty, and it resulted in your injuries. It would be a wise decision to retain an experienced police brutality lawyer who will help you understand the next steps you need to take to protect your legal rights. Police brutality is illegal, and if you or a loved one has sustained injuries after a police officer’s misconduct, there are several steps you can take to pursue your case.

Get Medical Help First

If the arrest or use of excessive force has resulted in injuries, the police are required to get the injured person the medical care they need, unless doing so puts them at risk of being injured. Additionally, an individual in police custody has a right to adequate medical care. Failure to provide reasonable medical care is illegal, and the law enforcement officers may be held accountable for deliberate harm to another. Negligence may lead to a court case.

If a police officer fails to call 911, get you a doctor, or offer any first aid, you should request medical care yourself. It’s important that you record the exact time you asked to see a doctor. If you made several requests for a doctor and they were all declined or not acted upon fast enough, you need to record this as well as it will be crucial evidence for your case.

On the other hand, if you were not taken in by the police, but you experienced injuries after excessive force, you should go to the emergency room yourself or call your doctor as soon as possible. Getting prompt medical care is not only important for your health and recovery but will also provide critical evidence needed to support your case. You will need to prove that the police did act with excessive force and this resulted in your injuries. Your police brutality lawyer will gather all the medical records to prove the extent of your injuries.

Documenting The Police Brutality Incident

When it comes to personal injury cases, your memory may fail and as a result, you may lose your chance to get fair and full compensation. That’s why it is highly recommended to document everything starting when the police brutality incident occurred to the days and even weeks that follow. Some critical information you’ll need to document includes:

  • The names and badge numbers of the police officers involved in the incident (including those who witnessed the incident)
  • The date, time, and location of the incident
  • The injuries you sustained (take photos)
  • How your life has been impacted by the police brutality incident (you may record this in your journal)

Most importantly, work with your personal injury lawyer to protect all other evidence that may support your case. If the police brutality incident happened in a public place, there’s a high chance that video surveillance may have captured the incident. However, this footage may be in the hands of the police station or nearby homes and businesses. Since you may not have any access to these videos, your lawyer can help serve a legal notice to the relevant parties that will prevent them from tampering with any evidence that can be used in your case.

Filing A Complaint To The OIPRD

The Office of the Independent Police Review Director (OIPRD) is an independent organization that was set aside to handle complaints about police in Ontario. First, you will have to submit your complaint to the OIPRD by signing a form that indicates you have agreed to follow due process. Signing this complaint form will enable the members of the OIPRD to begin looking into the case.

All the details of the case will then be forwarded to the relevant police department which is assigned with the responsibility of handling complaints made against itself or its staff. The OIPRD members will then determine who will investigate the case. This could be the police service involved or a different one. You will then be provided with the status of the case.

Investigations Done By The OIPRD

The OIPRD will state clearly how the complaint will be investigated and highlight their expectations in terms of the level of cooperation required from the complainant. They will also explain to the complainant and all other parties involved how a decision will be reached and the actions that will be taken when the investigations are over. The chief or OPP Commissioner will also decide if the complainant was directly affected by the actions of the police.

Gathering Evidence

As the complainant, you will be required to provide additional information to support your case. This may include witness statements and their contacts. All the police officers involved will also be given an opportunity to submit their statements and memo book entries. Thorough investigations will be done where any video surveillance, radio transmissions, and photographs will be obtained to prove the case. The police are required to update the OIPRD on the investigations. A complete report will then be sent to the OIPRD addressed to the chief or OPP Commissioner.

What To Expect After The OIPRD Investigations?

There are several outcomes that arise after the investigations are done by OIPRD. First, your complaint may be unsubstantiated due to lack of evidence. This decision will result in the case being closed. If you disagree with the decision made by the OIPRD, you may request a review to appeal the decision. You can only request an appeal if the complaint is unsubstantiated or if the police determine your complaint to not be of a serious nature. However, you cannot appeal the decision made by the OIPRD regarding who will conduct the investigation.

If you do provide adequate evidence of police misconduct, your complaint may be substantiated by the OIPRD. This simply proves that the misconduct occurred, and the investigators will then classify the complaint depending on its severity. The police service determines the nature and degree of disciplinary action to be taken, and this will depend on the severity of the complaint. For instance, harassment and discrimination cases can easily result in a criminal charge.

Less (Not Serious) Police Misconduct

Incidents that involve police officers performing unsatisfactory work or misconducting themselves while on duty may be classified as ‘not serious’. The police service may take the following disciplinary actions against the officers involved:

  • Order the involved officers to write an apology letter
  • Suspension of the police officer without pay
  • Forfeiture of pay
  • Time off

Serious Police Misconduct

In cases where misconduct is regarded as serious, the police services board or senior police officers will call for a hearing. In these circumstances, the officers involved may face the following circumstances or outcomes:

  • Forfeiture of pay
  • Suspension
  • Demotion
  • Dismissal

To find out more information on how to bring a public complaint against the police, contact a lawyer as soon as possible. You only pay when your case is settled so you have nothing to lose and much to potentially gain.

This article was provided by:
Edson Legal | Police Brutality Lawyers Toronto https://www.edsonlegal.com/police-brutality-lawyers-toronto/
Grillo Law | Personal Injury Lawyers Toronto https://grillo.ca/

Headline Image: JENTAKESPICTURES / ISTOCK

Related Articles

IN PARTNERSHIP

How To Prepare a Strong Personal Injury Claim in Canada


by Best Lawyers

If you suffer injuries due to an accident or other incident, you should take several steps to prepare a solid personal injury claim in Canada.

Personal Injury Claims in Canada

Leading Cause of Car Accidents in Alabama? Failing to Yield the Right of Way


by Mitchel Lattof

Failing to yield the right of way was the leading cause of car accidents in Alabama in 2018. According to the Alabama Department of Transportation, failing to yield the right of way resulted in 23,832 crashes. Ninety-six of those crashes resulted in fatalities.

Shards of car glass on the street

How to Handle Your Medical Bills After a Car Accident


by Craig D. Rosenbaum

Receiving medical attention after a car accident can be expensive. One personal injury lawyer details the steps to take when seeking medical attention after the accident.

Car Accident

A Potentially Precedent-Shifting Verdict


by Sean Stonefield

Preeminent trial lawyer Benedict Morelli on achieving one of the highest pain-and-suffering awards in New York State history.

Benedict Morelli

Overcoming Obstacles


by Sean Stonefield

Despite the COVID-19 pandemic, personal injury firm Block O’Toole & Murphy is on track for its most successful year.

Block O'Toole & Murphy

The Winning Edge


by Justin Smulison

In its 40th year, Frantz Law Group finalized history-making settlements for clients in California and nationally.

Frantz Law Group

Trial Law Leadership


by Justin Smulison

Daniel J.T. Sciano, twice-named Best Lawyers® San Antonio “Lawyer of the Year” for Personal Injury Litigation – Plaintiffs (2010, 2012), discusses how his record of success impacts clients and Texas’ legal community

Daniel Sciano Best Lawyers 2020

Big Case Warriors


by Best Lawyers

The co-founders of Lyons & Simmons, LLP discuss their relentless dedication to pursuing justice for clients while also invoking change.

Lyons & Simmons Best Lawyers 2020

How to Digitally Market Your Law Firm


by dNovo Group

In the digital age, everyone is online. So it's important to make sure your results pop up first. This digital marketing agency gives SEO tips specifically for lawyers.

How SEO is Different for Lawyers in Toronto

Wearing a Hard Hat Significantly Reduces Risk of Injury, Death on NYC Construction Sites


by Michele Mirman

Construction Injury Prevention From Hard Hats

Why Expert Help Is Essential After a Car Accident


by Ted Lorenz

An Attorney Can Help Investigate After an Accident

A Legal Expert Can Help After A Car Accident

IN PARTNERSHIP

How to Make Sure You Get the Maximum Compensation for a Personal Injury Claim


by John P. Ford

This article discusses the numerous factors that affect a personal injury settlement and tips for how to maximize compensation in a personal injury claim.

Stethoscope sitting on top of money and medical form

IN PARTNERSHIP

Six Tips for a Successful Mediation


by Judge Michael E. Riley and Pullman & Comley

Mediation encourages open dialogue and allows parties to express their concerns, fostering a collaborative atmosphere to reach resolutions efficiently.

Two animated figures with puzzle piece speech bubbles

One of NY’s Top Personal Injury Lawyers on 2 Surprising Trends Transforming the Industry


by Gregory Sirico

Lawyer Jeff Korek talks emerging personal injury law trends in IVF litigation and trial scarcity.

Doctor consoles couple in medical office

IN PARTNERSHIP

More Experience, More Results


by John Fields

New York-based powerhouse Morelli Law Firm has secured more than $1 billion in verdicts and settlements for injured clients. Read more about the firm below.

Three lawyers in suits pose for picture with cityscape in background

Scarlett Law Group: Mastering TBI Trial Law


by Justin Smulison

Randall H. Scarlett shares successes in traumatic brain injury cases, fueling Scarlett Law Group's growth across Northern California with specialized insights.

Two lawyers, suited, standing in front of law firm sign

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipemtn

Introduction to Demand Generation for Law Firms


by Jennifer Verta

Learn the essentials of demand gen for law firms and how these strategies can drive client acquisition, retention, and long-term success.

Illustration of a hand holding a magnet, attracting icons representing individuals towards a central