Daniel C. Herr is one of the premier Civil Rights Attorneys in Delaware. He has succeeded in numerous claims against police officers and police agencies challenging wrongful arrests, excessive force, and malicious prosecution. Additionally, the Firm has litigated other civil rights actions against various government agencies and educational institutions.
Police Officers may only arrest individuals when they have probable cause to do so. What amounts to probable cause is a complicated question that hinges on the totality of the circumstances facing a Police Officer. Similarly, a Police Officer may only charge individuals with crimes when probable cause exists to do so. If you have been arrested or charged with a crime and the Police did not have probable cause to do so, you may have a cause of action for damages.
Police Officers have the right to use force under certain circumstances, but that force must be reasonable. A Police Officer cannot use more force than what is necessary to effect an arrest. Due to officers’ training and their access to deadly weapons such as a firearm, Taser, or baton, for example, an excessive use of force can cause catastrophic injury and even death. Daniel C. Herr has successfully brought numerous excessive force and police brutality cases against various Police Agencies. For more information, click on the following:
Under certain circumstances, students in primary or secondary education have Constitutional Rights that protect them against unfettered discipline or other adverse action. One right, for example, is Due Process. A Student in public education prior has protections and rights under the Fourteenth Amendment to the Constitution to challenge allegations against the Student in what some refer to as an informal or quasi-judicial hearing. If an Educational Institution has summarily punished or disciplined you without providing you proper Due Process, you have a right to challenge the punishment or discipline you received. For more information, see our Civil Rights in Education practice.
Many employment relationships, particularly those with the Government, also provide for certain Constitutional protections. For more on this, read about the Daniel Herr’s Employment Litigation Practice.
Daniel C. Herr practices in these civil rights areas and various others throughout Delaware and Pennsylvania, focusing on Wilmington and New Castle County, Dover and Kent County, Georgetown and Sussex County, and the Greater Philadelphia Area. Contact us for a consultation.