Do you offer a free consultation for startups?

Yes. The Rhodes Law Firm offers a free initial consultation — no obligation, no pressure.

What legal services do you offer for startups and entrepreneurs?

We offer corporate formation, contract drafting, outside general counsel, IP protection, regulatory compliance, and investor agreement support for startups in Louisiana and nationally.

Do you handle divorce and child custody cases in Louisiana?

Yes. The Rhodes Law Firm provides compassionate family law representation including divorce, legal separation, child custody, child support, spousal support, and adoption throughout Louisiana.

How much does a family law attorney cost in New Orleans?

The Rhodes Law Firm offers a free initial consultation so you can understand your options before making any financial commitment. Contact us at (504) 475-0975 to get started.

Where is The Rhodes Law Firm located?

The firm is based in New Orleans, Louisiana and serves clients statewide and nationally.

How do I contact The Rhodes Law Firm?

Call (504) 475-0975 or schedule a consultation at therhodeslawfirm.com.

What is police misconduct?

Police misconduct refers to illegal or unethical actions by law enforcement officers — including excessive force, false arrest, unlawful searches and seizures, malicious prosecution, fabrication of evidence, coercive interrogation, and deliberate indifference to serious medical needs. These violations can support civil rights claims under 42 U.S.C. § 1983 and the U.S. Constitution.

What is excessive force?

Excessive force is a Fourth Amendment violation that occurs when law enforcement uses more force than is objectively reasonable under the circumstances. Courts apply the Graham v. Connor (1989) standard: reasonableness is evaluated from the perspective of a reasonable officer on the scene, considering the severity of the crime, whether the suspect posed an immediate threat, and whether the suspect was actively resisting.

Can I sue a police officer for excessive force?

Yes. A Section 1983 claim for excessive force against a law enforcement officer can result in compensatory damages, punitive damages, and attorney's fees. The officer may assert qualified immunity, but immunity does not apply when the officer violated a clearly established constitutional right. An experienced civil rights attorney can evaluate whether your facts overcome qualified immunity.

What is a false arrest?

A false arrest (unlawful arrest) violates the Fourth Amendment when an officer arrests a person without probable cause — a reasonable belief, based on articulable facts, that the person committed a crime. An arrest supported by probable cause is lawful even if the suspect is later found innocent. Absence of probable cause is the key to a false arrest claim.

What is qualified immunity and how does it affect my case?

Qualified immunity protects government officers from personal liability unless the violated right was 'clearly established' at the time of the conduct. It does not protect against 'obviously unconstitutional' conduct. Overcoming qualified immunity requires showing that existing precedent placed the constitutional question beyond debate. This is challenging but not impossible — particularly in egregious cases.

Can I sue the city or parish for police misconduct?

Yes, through Monell liability (Monell v. Dept. of Social Services). A municipality is liable under Section 1983 if the constitutional violation resulted from: (1) an official policy or widespread custom; (2) a failure to adequately train officers; or (3) a decision by a final policymaker. Municipal liability is broader than individual officer liability and does not require overcoming qualified immunity.

What evidence do I need for a police misconduct case?

Key evidence: bodycam and dashcam footage (request immediately — may be subject to deletion); cellphone video from bystanders; medical records documenting injuries; police reports and use-of-force reports; internal affairs records; witness statements; and the officer's disciplinary history (obtainable through public records requests). Evidence preservation is critical — contact an attorney immediately.

How long do I have to file a police misconduct claim in Louisiana?

Section 1983 claims in Louisiana are governed by the state's 1-year prescriptive period for personal injury actions. The clock begins to run from the date of the constitutional violation. The deadline is strictly enforced. Contact an attorney as soon as possible — before evidence is destroyed or witnesses become unavailable.

What damages are available in a police misconduct case?

Compensatory damages include physical injuries, medical expenses, lost wages, and emotional distress. Punitive damages are available against individual officers when their conduct was malicious or in reckless disregard of constitutional rights (not against municipalities). Attorney's fees are available under 42 U.S.C. § 1988 if you prevail.

What should I do if I was a victim of police misconduct?

1) Seek medical attention immediately and document all injuries; 2) Photograph injuries as soon as possible; 3) Write down everything you remember while it is fresh; 4) Get the names/badge numbers of all officers involved; 5) Identify any witnesses; 6) Request all available video footage immediately — from cellphones, surveillance cameras, and government sources; 7) Contact a civil rights attorney before making any statements to police or internal affairs.

Civil Rights Litigation

Police Misconduct Lawyer — Louisiana

Excessive Force · False Arrest · Unlawful Search · Fourth Amendment · Section 1983

Police misconduct — including excessive force, false arrest, and unlawful searches — violates the Fourth Amendment to the U.S. Constitution. Victims can file a civil rights lawsuit under 42 U.S.C. § 1983 against individual officers and, in some cases, against the municipality. The statute of limitations in Louisiana is 1 year from the date of the violation. Evidence preservation is critical — contact a civil rights attorney immediately.

Written & Reviewed By

Jonathan M. Rhodes

Attorney at Law — The Rhodes Law Firm

Practice Areas: Civil Rights — Police Misconduct, Section 1983 · Last Updated: September 23, 2026

Serving: Orleans Parish, Jefferson Parish, St. Charles Parish, Louisiana

Types of Police Misconduct We Handle

Excessive Force

More force than is objectively reasonable — beating, tasering, shooting without justification.

False Arrest / Unlawful Detention

Arrest or detention without probable cause; held without being charged.

Unlawful Search & Seizure

Searches without a warrant or valid exception; property seized illegally.

Malicious Prosecution

Criminal charges filed without probable cause that are ultimately dismissed.

Fabrication of Evidence

Officers planting evidence or creating false police reports.

Deliberate Indifference

Failure to provide serious medical care while in custody.

Speak With a Civil Rights Attorney

Jonathan M. Rhodes has federal court experience in civil rights litigation. Louisiana's 1-year deadline is unforgiving — act now. Free consultation.

Schedule a Consultation (504) 475-0975

Attorney Commentary: What I Tell Police Misconduct Clients

"The most important thing clients can do immediately after a police misconduct incident is preserve evidence. Bodycam footage, surveillance video, and medical records tell the story in ways that no testimony alone can replicate. These materials are subject to deletion — in some cases within 90 days. The moment you contact me, we can take steps to ensure this evidence is preserved. That window is narrow."

— Jonathan M. Rhodes, Civil Rights Attorney

Related Civil Rights Resources

Overdetention Claims

Held beyond your legal release date.

Section 1983 Claims

Suing government officials for rights violations.

Qualified Immunity — What It Means

The doctrine and how to overcome it.

Civil Rights Law Hub

All civil rights services.

Civil Rights Lawyer New Orleans

Orleans Parish representation.

Police Misconduct in Louisiana — FAQ

Protect Your Constitutional Rights

Louisiana's 1-year deadline runs from the date of the incident. Free initial consultation.

Request a Consultation (504) 475-0975