The Constitution's Bill of Rights protects you from abuse by the government and its employees. Not many public servants break these laws, but those that do are liable for their actions. Attorney William M. Saks represents people who have been victimized by police officers, corrections officials and other government employees. If you or a loved one has been the victim of misconduct, from police brutality to medical neglect in an Ohio prison, William M. Saks is available to help you obtain the remedy you are entitled to.
Police Brutality
Law enforcement officers are permitted to use as much force as reasonably necessary to carry out their lawful purposes. However, the Constitution forbids them from using force that is unnecessary or excessive. Victims of unnecessary or excessive force are entitled to compensation.
Corrections Officers' Misconduct
Jail guards and other corrections personnel are prohibited from engaging in excessive force, sexually abusing inmates, and other wrongful acts. Victims of misconduct by corrections personnel are entitled to compensation.
MEDICAL MALPRACTICE IN PRISONS
The state must provide adequate medical care for all persons in its custody, including prisoners. Prisoners may not be denied access to necessary care by medical or security staff. Medical personnel must use reasonable care in treating prisoners. Prisoners have the same rights as others against medical negligence and are entitled to compensation when it occurs.
False Arrest
A law enforcement officer may not arrest a person without probable cause to believe the person has committed a crime. "Probable cause" means the information available to the officer would have persuaded a reasonably cautious person that the suspect had committed a crime. Bounty hunters and individuals making false allegations can also be liable for false arrest. Persons who are falsely arrested are entitled to compensation.
False IMPRISONMENT
This is imprisonment not based on probable cause. Persons who have been falsely imprisoned are entitled to compensation.
Malicious Prosecution
A person is liable for malicious prosecution if:
- he or she gives information to officials that claims—without probable cause—that another person broke the law and
- the accused person is prosecuted and found not guilty.
“Malicious prosecution” is a legal term that applies against the person being sued even though the state does the actual prosecution. Persons who have been subjected to malicious prosecution are entitled to compensation.
Civil Rights
The federal and Ohio civil rights laws provide compensation for victims of unconstitutional acts and illegal discrimination.
Freedom of Speech
The First Amendment prohibits the government and its employees from interfering with your freedom of speech. As with other victims of government misconduct, persons whose right of free speech has been violated are entitled to compensation.
Libel & Slander
You are entitled to compensation if your reputation is harmed by deliberately false statements about you, whether written or spoken.
Public Records & Sunshine Laws
- The government may not operate in secret. Government records are owned by the public, and the Ohio Public Records Law gives every person the right to obtain copies of them. Note that there are exceptions, such as for documents that reveal certain private information.
- The Ohio Sunshine Law requires that the public's business be carried out in public. It requires advance notice of meetings of public bodies and that they are open for public attendance, with a few limited exceptions.
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