The Law Offices of Justin Kirk Tabayoyon pursues civil rights violations stemming from police misconduct. We accept civil rights cases throughout the entire State of California.
Police Misconduct / Police Brutality / Civil Rights
Mr. Tabayoyon is an attorney member of the National Police Accountability Project (NPAP). When it comes to police misconduct, police brutality, and civil rights violations, some attorneys are just in it for the money and that is their motivation. For Mr. Tabayoyon it is personal and about principles. His civil rights were violated and he was a victim of police misconduct.
He supports good law enforcement officers and is resolved to be the worst nightmare for bad ones. He is very passionate about holding bad police officers accountable for their misconduct, brutality, and violation of civil rights. Mr. Tabayoyon believes there are many good law enforcement officers and police agencies need to purge bad officers and provide proper training and policies to all officers. The only way to effect that is to hold police agencies accountable and force them to address problem officers and update their polices.
If you believe you were the victim of police misconduct or police brutality and your civil rights have been violated, it is important for you to immediately contact an attorney. You generally only have 6 months from the incident to file a state personal injury claim against a government entity in California. If you miss that deadline, you may lose your ability to sue for personal injury damages.
In California you have up to 2 years to file an action against officers and law enforcement agencies who acting under the color of the law violate your constitutional or other federally protected rights under the Civil Rights Act of 1871 (42 USC § 1983). You may pursue a Civil Rights Act claim for up to two years after the incident even if you did not present a claim against the relevant government entity within 6 months for your personal injury damages.
The Constitution provides all persons in this country many rights and liberties. The rights and liberties given to us by the Constitution provide protection from the government and place limitations on the conduct of police. Unfortunately, many police officers perceive a person exercising their rights as being "uncooperative" and the limitations on police as a hindrance to their investigation. With the advent of lightweight and compact digital recording devices, more and more citizens are able to document instances of police misconduct, but a person doesn't necessarily need such a video to hold the police accountable for abuse or misconduct.
Often people are charged with resisting, obstructing, or delaying a peace officer under Penal Code Section 148(a) or resisting an executive officer under Penal Code Section 69 to blatantly cover up for police abuse and preclude civil liability for violations of Constitutional rights because of the holding in Heck v. Humphrey 512 U.S. 477 (1994) that 4th Amendment suits for civil rights violations based on excessive force must be dismissed if judgment in favor of the plaintiff would imply invalidity of a criminal conviction. If you're charged with one of these crimes, it is important you don't agree to plea bargain to a charge that will preclude a civil rights lawsuit against the police.
The Law Offices of Justin Kirk Tabayoyon believes law enforcement agencies need to be held accountable for their unconstitutional policies, customs, and tacit approval of misconduct. Unless law enforcement agencies are continually held accountable and forced to pay out money damages to victims of misconduct or brutality, they will never stop or even slow the misconduct of their officers. Police misconduct, police brutality, and abuse are far too common in modern America. Protect your fellow citizens from police brutality or misconduct by holding the police accountable when it happens to you. If you believe you have been a victim of police misconduct or police brutality, please contact the Law Offices of Justin Kirk Tabayoyon immediately.