On January 5, 2011, Kathleen Mancini was asleep when Tacoma police officers knocked down her door. After they handcuffing and interrogating Mancini, the police officers realized they were not just at the wrong apartment, but at the wrong building, entirely.

Mancini argued that the police had been negligent in obtaining their warrant. The city tried to argue that the case only involved negligent investigation. Mancini argued that police have a duty of reasonable care that they must exercise when obtaining a warrant. She won and changed the way that people sue the police for negligence in Washington state.

Washington courts have consistently stated that negligent investigation is not an actionable claim. Negligent law enforcement, however, breaches the law and is actionable. However, the plaintiff must still face the public duty doctrine.

• For example, there could be a police failure to investigate property after a burglary. Here, it may be possible to sue the police for negligence as the law generally requires police to investigate property crimes.

The Public Duty Doctrine

The public duty doctrine serves to protect the government and government entities from excessive tort cases. Tort cases are not criminal cases, but cases involving a civil wrong. This doctrine says that the government’s duty is to the public as a whole rather than to individuals. This usually makes it very difficult to sue the police for negligence unless there’s an exception that says they have a duty.

Washington state exceptions to the public duty doctrine include but are not limited to:

1. Special Relationship. Many types of special relationships exist. A common example would be if law enforcement officers promised protection to a citizen. This can create a duty to that person, in particular.
2. Legislative Intent. Laws can create exceptions to the public duty doctrine. If a law explicitly creates a duty towards a specific class of people, those people may be able claim a duty owed to them.
3. Failure to Enforce Laws. If a government entity doesn’t correctly enforce the law and damages occur, the government entity could be liable. If a building inspector allows unsafe practices and the building collapses, they could face responsibility for any injuries.
4. Rescue Doctrine. When the government sets out to provide aid or rescue services, they have a duty to exercise reasonable care. If they do not, they may be liable for arising damages.

If you have suffered injuries involving these exceptions consult a civil rights lawyer immediately. If you’re unsure whether police officers violated your civil rights, The Hornbuckle Law Firm offers a free consultation.

In the United States, there are many different types of civil rights violations. In each one, It’s important to first determine whether they violate state laws or federal laws.

1. Unlawful arrest or false arrest lawsuits often involve the fourth amendment and violations of constitutional rights. This lets the plaintiff have their case heard at the federal level. There, the court may award the them punitive damages and attorney’s fees.
2. If the injured party believes that racial profiling has played a role, that may bring the fourteenth amendment into play. This could also bring the case to the federal level.
3. If excessive force is present, a violation of the fourth, eighth, or fourteenth amendment may be a viable claim. This would also be at the federal level. This is what people call police brutality.
4. Negligent wrongful arrest cases that only violate state law can only proceed at the state level. At the state level, there may be a damages cap or limited jury awards. A possible example of a state-level negligence claim would be if police arrest the wrong suspect.

Filing a complaint vs. filing a lawsuit

Writing a complaint is often not worth the time before a viable lawsuit. If the plaintiff wins, their complaint will carry much more weight. Waiting to file a complaint until after the lawsuit can often be a smart option.

Start by finding an experienced civil rights attorney. They will help to determine if it’s wise to bring the claim to court or not. They may also be able to estimate how long the trial may take and what size award to expect.

Alternate Claims

They may also identify alternative claims that might exist. Negligence is not always an easy case to make so some lawyers try to seek just compensation through other types of lawsuits. A common alternative is a lawsuit commonly referred to as a ‘1983 lawsuit’. When there is a wrongful arrest case, it often involves a ‘1983 lawsuit’.

A ‘1983 lawsuit’ is a reference to U.S. Code Title 42 Section 1983. This type of suit is often much easier to win. It involves federal law, allowing citizens to sue the government in federal court when it violates their constitutional rights.

If other claims aren’t applicable, it’s important to asses the validity of the negligence claim. If it’s possible to prove that the police neglected a duty and that harm came of the negligence, it may be possible to sue them for negligence.

Evidence

The next step is the start collecting evidence. Find evidence fast and finding as much as possible is key. Evidence may take the form of:

1. Body cameras
2. Text messages between officers
3. Police radio messages
4. Anything else that establishes the officer’s duty to the injured party and the officer breached it

Evidence is important to collect as it helps support a claim. If there’s a lack of evidence then there’s likely no case.

Harm

Finally, it’s important to establish harm. Harm, like evidence, comes in many forms and helps support a case’s validity. Some examples may include:

1. Destruction of property
2. Loss of future income
3. Personal injury
4. Distress or mental suffering
5. Other valuable losses

Proving harm is essential when determining the merits of a case because it justifies financial compensation. If police officers were negligent but no harm came of it, the jury has no reason to compensate anyone.

Conclusion

Police negligence is a hard case to prove in Washington state. They are most often successful through 1983 lawsuits or other claims. However, if you can prove harm, supply evidence, and make a valid claim, negligence suits are a worthy endeavor. Police, like anyone, must be held accountable if they neglect their duties.

If you think police negligence has harmed you or someone you know, reach out to The Hornbuckle Firm. The Hornbuckle Firm has experience suing the police for negligence and fights hard to protect your civil rights. Don’t hesitate to call if you think you may have a case; the first consultation is free.