The use of excessive force by police officers can be devastating for both victims and their families. Survivors are often left with intense trauma and lasting and costly injuries. In some especially tragic cases, victims are killed by police excessive force and families are left to grieve. Police excessive force is especially destructive because it creates distrust between law enforcement officers and the people whom they are supposed to protect and serve.
Excessive force can easily be confused with legally supported police use of force. Popular media and news outlets often depict appropriate police uses of force, which can create the impression that police use of force is always justified. The reality is that away from the TV, police use of force must meet rigorous requirements to be deemed as reasonably justified. When police inflict harm or death on a person without reasonable legal justification, they may face significant legal liability. Furthermore, police departments and police administrative leadership can be liable for these officers’ actions.
Pursuing legal action following a case of excessive force requires immense courage. Police officers can appear to be above the law and victims of police brutality and this can make taking legal action especially daunting. The experienced police brutality lawyers at Arias Sanguinetti bring over 300 years of combined experience to these cases and are determined to see that you get justice. Our attorneys work on a contingency basis, meaning that there is no cost out of your pocket, which enables us to provide top-quality representation to clients who would not otherwise be able to afford it. To better understand your legal options after an instance of police brutality, contact us today.
What specific factors determine excessive force?
The key legal protections against excessive force come from the 4th and 8th Amendments to the Constitution. The 4th Amendment guarantees the right against unreasonable search and seizure, and the 8th Amendment guarantees the right against cruel and unusual punishment. Police officers are permitted to use force only when it is reasonable, which most often means when their use of force addresses a danger to the public. These laws apply equally to people who are guilty of a crime or innocent of a crime – everyone is protected from excessive force. In fact, excessive force cases often originate from arrests in which officers used far more force than was necessary to execute the arrest.
In California specifically, the 2019 passing of AB 392 dictated that police may only use lethal force when there is a threat to human life. California law enforcement officers may only use firearms to directly protect human life, a higher standard than in other states. Despite these laws, police excessive force happens far too often, most commonly in cases of:
- Illegal chokeholds. Chokeholds can be life-threatening – in California, police are prohibited from using them. If you were put in a chokehold during your arrest, it is likely that this was excessive force.
- Continued use of force after arrest. Even if the police’s use of force was justified, it should cease once it becomes unnecessary. What had been reasonable force may become unreasonable force once a suspect has been subdued or no longer poses a threat.
- Excessive use of Tasers. In some instances, officers will use Tasers well beyond their reasonable necessity.
- Use of force in wrongful arrests. Police are in violation of the law if they make an arrest without justification, and if they use force in this arrest, it is likely an instance of excessive force.
- Unjustified use of a firearm. The use of firearms by police in situations where there is no imminent threat to life constitutes excessive force.
- Failure to stop fellow officers’ excessive force. Although it may be more difficult to prove, police officers can be liable if they fail to intervene when witnessing another officer’s use of excessive force.
- Excessive restraints. Restraint devices being applied excessively, such as handcuffs being too tight, can lead to serious injury.
- Physical retaliation against non-violent resistance. There is nothing someone in police custody can say verbally to justify a retaliatory use of force.
It is widely acknowledged that incidents of police excessive force are often underreported. At Arias Sanguinetti, our police brutality lawyers understand that for many vulnerable groups, police excessive force is an everyday reality, which can make it feel inescapable. We are determined to help you seek justice, both to bring them the relief of a positive verdict or settlement and also to help prevent future instances of excessive force.
How can a lawyer help with a case of police excessive force?
Pursuing a lawsuit against a government entity can be a complex and intimidating process. There are numerous legal processes that an attorney is uniquely well-suited to guide you through. For example, before pursuing legal action against any government entity in California, you must file a claim with the government entity for damages within 6 months of the incident. An attorney can be an essential resource in advising you how to best file this claim. Additionally, excessive force cases are particularly complex to prove, as courts and the general public can be sympathetic to police officer’s accounting. This creates an added hurdle in the pursuit of justice.
Our Los Angeles police brutality lawyers have secured verdicts and settlements on behalf of many clients who have been victims of police brutality. We have experience pursuing lawsuits against both individual officers and law enforcement agencies. We know that police brutality inflicts enormous suffering on its victims – you deserve justice and financial relief to aid in your recovery. Contact our team of police brutality attorneys today to learn more about how we can help.
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