When a Chicago police officer arrests you in retaliation for exercising your rights while lacking objective probable cause, it counts as a retaliatory arrest. This is a violation of federal law, and you can pursue accountability. Understanding why this is an offense can help you file a lawsuit with supportive evidence.
Your rights under the First Amendment
The First Amendment allows you to capture video and voice recordings of police officers and other government officials performing their official duties in public. You may only do this if you do not physically interfere with their operations.
As for your freedom of speech, the First Amendment protects your freedom to speak, protest and assemble in public areas. However, you need to secure valid permits to gather in large parks and plazas.
What you can do to build a defense
Retaliatory arrests are unlawful because an officer apprehends you for exercising your First Amendment rights rather than for a criminal violation. Here are the immediate steps to take following the arrest to protect yourself:
- Exercise your right to remain silent.
- Refrain from interfering with the arrest.
- Contact your family or a civil rights attorney after arriving at the police station.
Under federal law, you can sue the individual officer for damages. You may only sue the City of Chicago if you can prove that the retaliatory arrest occurred pursuant to an official city policy, an ongoing widespread custom or an explicit municipal mandate.
The lawsuit hinges on your objective evidence that proves the retaliatory arrest. You must preserve all audio and visual footage on your phone or backup cloud storage. Ensure to write a chronological timeline of everything that occurred, and support it with witness statements.
How you can stand up for your rights
The legal landscape surrounding police misconduct is complex, filled with tight deadlines and shifting immunities. You do not have to carry this heavy burden alone. An experienced civil rights attorney can evaluate your case, secure vital police dashcam footage and stand by your side to ensure your voice is finally heard.
