I have a section 1983 case in its early stages. The police entered my client's home without a warrant or exigent circumstance, searched and videotaped the inside of the premises, then arrested and charged my client with a crime that can't by law be committed inside a private residence. The charges were dismissed by the judge at the first appearance after arraignment. We already have a significant, but not sufficient, settlement offer.
I believe the internet and youtube have made it easier to get settlements in Section 1983 cases. 20 years ago no one would believe that a police officer would act as they do. The internet and readily accessible video has exposed just how common such incidents are. Juries are more willing to examine the evidence and listen to the victim's testimony instead of just accepting whatever the police claim as truth.
We recently had a local incident (not my case though) in which a police officer approached and maced a protester who was being cuffed by another officer. The two officers filed a report claiming that the protester was resiting arrest, spitting on them, and causing a ruckus when the second office used the pepper spray. What the two idiots didn't know is that someone had filmed the incident and they were exposed as liars.
The insurance carrier will settle that case quickly.




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