Police Misconduct That Violates Due Process Rights

Despite having difficult, dangerous jobs, the vast majority of law enforcement officers in this country do their jobs with courage and professionalism. Unfortunately, there are instances where police officers abuse their power and violate the rights of others. At Nelson & Rozier, we have had extensive experience dealing with cases involving police misconduct in the Central Valley.


One of the rights we have as citizens is the right of due process. The Fourteenth Amendment provides that "[n]o State shall . . . deprive any person of life, liberty, or property, without due process of law . . . ." Courts have interpreted the Fourteenth Amendment as guaranteeing both procedural due process and substantive due process. See County of Sacramento v. Lewis, 523 US 833, 840 (1998). Procedural Due Process is the right of being treated in accordance with the processes and procedures set forth by law. For example, the right of procedural due process means that the government cannot imprison you without first going through the required process, ie, a jury trial. Substantive due process, on the other hand, is the right to not be punished arbitrarily. For example, this means that a police officer cannot shoot and kill you if he sees you jaywalking.


When police misconduct occurs, it often results in a violation of a person's substantive due process rights.


If you believe that your rights have by violated by a police officer's misconduct, please contact John Rozier at 559-713-0159 or online at www.nelsonrozier.com. We have experience litigating these kinds of cases in Fresno, Visalia, and throughout the Central Valley.