When a police department entrusts the power of law enforcement to an aggressive and volatile individual, the general public is left highly vulnerable. These bad officers can be unpredictable and inflict serious injuries and sometimes death upon people without justification. Often, these bad officers suffer from personal biases, causing them to unfairly target certain groups like people of color or people with disabilities. These officers are a hazard to public safety, and their victims have very little recourse to protect themselves. Police departments are notoriously irresponsible when it comes to holding their officers accountable. Legal action against a police department can often represent a victim’s best opportunity for justice.
Police excessive force can be a life-altering event for victims and their families. It can cause catastrophic injuries, the death of a loved one, and deep psychological damage. These officers might see themselves as above the law, but our police brutality lawyers believe that these negligent officers and the police departments that empower them must be held accountable. Pursuing lawsuits against government entities like police departments can be a complex task – having a lawyer on your side makes it much more likely you will be able to see justice. Contact our experienced police brutality lawyers today to learn more about how we can help.
What is police brutality/excessive force in California?
In popular movies and television shows, we regularly see officers using force in ways that are presented as justified. This can create the false impression that all force by police is justified. In reality, officers may only use force if certain conditions are present. Under the 4th and 8th Amendments to the Constitution, everyone is protected from unreasonable search and seizure and cruel and unusual punishment. Police excessive force violates these rights, and these Amendments often serve as the legal backbone of lawsuits regarding excessive force.
California law augments these rights and provides some of the highest standards for police use of force in the nation. The 2019 law AB 392 reshaped California excessive force laws and has created broader pathways for legal action for justice in these cases. In California, due to state and federal law, officers may only use force if there is:
- Reasonable justification. This key factor, primarily predicated on the presence of a threat to public safety, must be unequivocally established to justify police use of force.
- Threat to human life (only for use of deadly force e.g. firearms). This California-specific requirement sets a clear and high standard for the use of deadly force.
While these standards provide protection for the public from unreasonable police use of force, the reality is that courts are often sympathetic to law enforcement and will likely look favorably upon an officer’s justification of their use of force. For this reason, an experienced police brutality lawyer, such as the attorneys of Arias Sanguinetti | Trial Lawyers, can be the difference maker in your pursuit of justice. Contact us today to learn more.
Who most often suffers police brutality in California?
While police brutality can happen to anyone, certain vulnerable groups are much more likely to face unjustified harm at the hands of law enforcement. Despite the fact that California has taken legislative action to address police brutality, bias still plagues California law enforcement agencies. Black Californians are 3x more likely to face serious injury due to police use of force, and 4 in 10 victims of non-fatal gunshot wounds from police use of firearms suffer from a mental health condition. The justification of these instances of use of force is further thrown into question by the fact that over 50% of those who suffer serious injuries from police officers are unarmed. These statistics underscore the deep injustices surrounding police use of force in California – our police brutality lawyers are dedicated to seeking justice for the victims of police brutality.
Police brutality can cause life-changing harm, including, but not limited to
- Medical expenses.
- Long-term injury.
- Psychological damage.
- Wrongful death.
- Lost wages.
- Loss of future earning potential.
If you have suffered from police brutality, you deserve justice and to be compensated for the harm caused. Our police brutality lawyers have won numerous verdicts and settlements against police departments and individual officers for instances of excessive force. Contact us today to learn more about how we could help you in your search for justice.
How do you prove police excessive force?
In most cases, the burden of proof for police brutality falls on the plaintiff. This means that, as your attorneys, it would be our police brutality lawyers’ job to prove that the incident you suffered represented an excessive use of force. This would include:
- Filing a claim with the police department. In California, to pursue a lawsuit against a government entity like a law enforcement agency, you or your attorney must file a claim for damages with the agency in question within 6 months of the incident.
- Investigating the incident. Our team combs through witness testimony, officer personal history, your testimony, and more to find evidence to support your case.
- Proving the basic facts of the incident. This includes establishing essential elements like the location of the incident to give a moment-to-moment breakdown of what happened.
- Proving damages. Our team relies on evidence from the incident, such as photos or medical reports, expert witness testimony, and your testimony to prove that you suffered damages and/or harm.
- Demonstrating that the force was excessive. We must demonstrate that a similarly positioned reasonable officer would have acted differently under the circumstances of the incident.
The damages caused by police brutality are often severe and can justify large verdicts and settlements. Numerous parties can be liable for an instance of police brutality including the officer, the law enforcement agency, and even the state of California in certain cases. These verdicts and settlements can bring relief to you and your family and also help prevent future instances of brutality.
Our police brutality lawyers are determined to bring justice to the victims of police excessive force. Contact us today to learn how we can accelerate and aid your pursuit of justice.
Who most often suffers police brutality in California?
While police brutality can happen to anyone, certain vulnerable groups are much more likely to face unjustified harm at the hands of law enforcement. Despite the fact that California has taken legislative action to address police brutality, bias still plagues California law enforcement agencies. Black Californians are 3x more likely to face serious injury due to police use of force, and 4 in 10 victims of non-fatal gunshot wounds from police use of firearms suffer from a mental health condition. The justification of these instances of use of force is further thrown into question by the fact that over 50% of those who suffer serious injuries from police officers are unarmed. These statistics underscore the deep injustices surrounding police use of force in California – our police brutality lawyers are dedicated to seeking justice for the victims of police brutality.
Police brutality can cause life-changing harm, including, but not limited to:
- Medical expenses.
- Long-term injury.
- Psychological damage.
- Wrongful death.
- Lost wages.
- Loss of future earning potential.
If you have suffered from police brutality, you deserve justice and to be compensated for the harm caused. Our police brutality lawyers have won numerous verdicts and settlements against police departments and individual officers for instances of excessive force. Contact us today to learn more about how we could help you in your search for justice.
How do you prove police excessive force?
In most cases, the burden of proof for police brutality falls on the plaintiff. This means that, as your attorneys, it would be our police brutality lawyers’ job to prove that the incident you suffered represented an excessive use of force. This would include:
- Filing a claim with the police department. In California, to pursue a lawsuit against a government entity like a law enforcement agency, you or your attorney must file a claim for damages with the agency in question within 6 months of the incident.
- Investigating the incident. Our team combs through witness testimony, officer personal history, your testimony, and more to find evidence to support your case.
- Proving the basic facts of the incident. This includes establishing essential elements like the location of the incident to give a moment-to-moment breakdown of what happened.
- Proving damages. Our team relies on evidence from the incident, such as photos or medical reports, expert witness testimony, and your testimony to prove that you suffered damages and/or harm.
- Demonstrating that the force was excessive. We must demonstrate that a similarly positioned reasonable officer would have acted differently under the circumstances of the incident.
The damages caused by police brutality are often severe and can justify large verdicts and settlements. Numerous parties can be liable for an instance of police brutality including the officer, the law enforcement agency, and even the state of California in certain cases. These verdicts and settlements can bring relief to you and your family and also help prevent future instances of brutality.
Our police brutality lawyers are determined to bring justice to the victims of police excessive force. Contact us today to learn how we can accelerate and aid your pursuit of justice.
