Police Misconduct/Prisoner Rights
Introduction
Experience
Philosophy
Employment Discrimination
Introduction
Experience
Philosophy
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Philosophy
Plaintiffs who file police misconduct cases can almost always expect to meet fierce opposition
from the defendants. Once an officer is sued, his employer will provide free representation either
by skilled private counsel who are specialists in police misconduct defense or by attorneys
employed full time by the government entity for whom the officer was working at the time of the
alleged incident–for example, in Prince George’s County, by lawyers employed by the Prince
George’s County Office of Law and, in the District of Columbia, by the Office of the Attorney
General (formerly the Office of the Corporation Counsel). These lawyers will do everything in
their power to keep a plaintiff from obtaining incriminating information; they will uncover dirt
about the plaintiff’s personal background; and they will try to convince the jury that the officer
was merely doing a dangerous job to the best of his ability at the time of the alleged incident.
Dr. Belcher has developed a thorough understanding of the substantive and procedural law
applicable to police misconduct cases, as well as of typical trial tactics used by defense attorneys
in such cases. Due to this understanding, Dr. Belcher has little fear that he will be outgunned by
opposing counsel who devote their practice largely or exclusively to defending police misconduct
cases.
However, because Dr. Belcher cannot afford to devote many hours to a case that turns out to be
non-productive, and because he believes that most clients in the long run do not want to be
misled about the merits of their cases, Dr. Belcher normally requires anyone who claims to be a
victim of police misconduct to pay a reasonable flat fee–which varies depending upon the
complexity of the case–to assess the merits of a given complaint. Ordinarily, where the claimant
has not been seriously injured, Dr. Belcher will recommend that the claimant file an internal
complaint with the relevant police agency and cooperate fully with an internal investigation. If
Dr. Belcher concludes that a lawsuit is merited, Dr. Belcher will prepare a suitable notice of
claim as required by law and, if necessary, file a lawsuit in state or federal
court on behalf of the victim.
Prisoner rights cases present their own difficulties over and above the problems presented by
police misconduct cases. Dr. Belcher generally does not encourage unsolicited correspondence
from inmates, but will assess prisoner rights cases referred by existing or former clients or by
inmate relatives who are able to meet with Dr. Belcher personally to discuss the circumstances
underlying the grievances. If Dr. Belcher concludes that a given case is meritorious, he may
agree to represent a plaintiff in a lawsuit against any responsible individuals and entities.
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