FAQS About Police Brutality, Abuse & Excessive Force

 

What is excessive force?

Excessive force is when the amount of physical force used to arrest or detain an individual can be reasonably considered as being more than necessary in a particular situation. Civil rights law allows police to use a reasonable amount of physical force to arrest or detain someone, but they may not use an unreasonable amount of force.

Civil rights laws are loosely defined and what determines if excessive force was used (or if there are grounds for a police brutality lawsuit), largely depends upon the circumstances of individual incidents and how well your attorney prepares and presents your case. [California Civil Rights Law Practice Information]

What is police brutality?

Police brutality is a also a violation of civil rights law. Brutality, and the use of excessive force by law enforcement officials is clearly illegal, however, the individual circumstances of each case must be evaluated to determine if a civil rights violation has occurred.

Police brutality involves unreasonable force used to arrest or detain an individual that results in a serious injury. Not all injuries sustained during arrests or detainments are considered police brutality. For example, a person who is injured in a car accident or trips and breaks their leg while trying to avoid arrest cannot make a claim of police brutality if their own actions led to the injury.

Another example where injuries might not be considered police brutality would be if a person ran and had to be tackled by an officer or a police dog, resulting in bumps and bruises from the fall, or minor dog bites and scratches. However, if the person was mauled by a police dog, or beaten after they submitted or were subdued. there might be a basis for a police brutality lawsuit.

Use of Excessive Force / Policy Brutality is a Civil Rights Violation

Law enforcement, including police officers, detectives, sheriffs, deputies, and security guards are not permitted to act with excessive force. The use of excessive force is a direct violation of the civil rights under the Fifth and Fourteenth Amendments of the U.S. Constitution regarding cruelty and protection of citizens.

Discuss Your Civil Rights With an Attorney for Free

We offer a free consultation to help you understand your civil rights and the value of your case. You can contact us through our website, or call our Beverly Hills, CA office at (310) 275-9131. Because injuries can heal quickly, it is important that you contact us as soon as possible. We can help you properly document the extent of your injuries and help ensure valuable evidence is preserved.

Our law firm handles many types of police abuse cases including those involving: beatings with fists, batons or other objects; kicking; choking and choke holds; slamming of body or head against a wall, ground, vehicle, etc.; unnecessary use of pepper spray and tasers; inappropriate use of attack dogs; excessive force; and denial of medical care.

FAQS About Police Brutality and Your Civil Rights

• Can I sue for emotional stress damages for excessive force used during an arrest?
• I was beaten by a police officer. Can I sue for damages for pain and suffering?
• How much money can I get for damages for pain and suffering/emotional distress?
• California Civil Rights Law Practice Information
• Can I sue for a police dog bite or attack?

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