Police Brutality and Excessive Force
Police officers and other law enforcement agents are allowed to use “reasonable force” in the performance of their official duties. If a police officer uses unreasonable force, such force may be “excessive” and you may be entitled to damages against the police officer and the municipality that employs him or her. Police brutality has no place in our society.
Courts have held that because officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving, the reasonableness of an officer’s belief about the need to use force should be judged from the “on-scene” perspective and not with the “20/20 vision of hindsight.” This means that although an officer may have made a mistake in using force, the use of force may still be reasonable under the circumstances. Furthermore, the courts have held that “not every push or shove” violates the Constitution.
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There is a fine line between reasonable force and excessive force. Each case must be judged by its unique facts and circumstances. Just because an officer uses force in one case does not mean that force is justified in a substantially similar case. Every case is different. If the fine line between reasonable force and police brutality is crossed, you may have a claim for a violation of your constitutional rights. Common circumstances involving police brutality include, but are not limited to, custodial arrests, jail bookings, police use of TASERS or other tactical weapons, officer-involved shootings, and police chases.
A whole lot can depend on the very specific facts of a given case. If you believe you have been injured through the excessive force of a police officer or other government official, please feel free to contact our law firm for an initial, no-cost consultation. We have the experience to win your case and secure compensation for your injuries. For more information on claims of excessive force and police brutality, we encourage prospective clients to read our in-depth article on those subjects here.