Will My Police Brutality Case Be in Federal or State Court?

Will My Police Brutality Case Be in Federal or State Court?

When we file police brutality law suits for our clients there is really no difference at all as to whether we file in Federal or in State Court. We make the decision as to where we file simply based on our feel for the facts of the case and nothing else. The only exception is that if we are going to sue under a federal law, we generally file in Federal court. If we sue under a Federal theory, but file in State Court, the attorney for the city can file a special motion to have the case removed from State Court and sent to Federal Court anyway.

As an aside this question came from a reader who was assaulted by the police and arrested for disorderly conduct and the case was listed at 1401 Arch Street, in Community Court. We see a lot of police brutality cases where the police make an arrest on disorderly conduct to mask the police brutality aspect of the case.

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