Police officers are expected to treat citizens with respect and care, only having to use reasonable force when absolutely necessary, such as when having to make an arrest of an unruly suspect, or in the case of self-defense. However, when the line of use of force is crossed into excessive and dangerous, police officers and their departments should be held liable to the fullest extent.
Were you or a loved one seriously injured due to the use of excessive force? Speak with an excessive force and police brutality lawyer from BD&J to learn more about filing a claim for compensation.
What Constitutes Excessive Force?
In California, 1,406 police officers were involved in the discharge of a firearm or use of force resulting in serious bodily injury or death in the span of one year. Excessive force is defined as the application of force past what is believed to be reasonably necessary. Excessive force by a police officer can look like:
- Reckless or inappropriate use of handcuffs or other restraints
- Striking a compliant suspect
- Throwing a suspect to the ground
- Unjustified use of tasers or pepper spray
- Discharging a firearm at a suspect without reasonable cause
- Chokeholds
How Serious Can Injuries from These Incidents Be?
Excessive force used by a police officer or multiple police officers, especially on restrained or handcuffed individuals, can have serious consequences. Some of the injuries our excessive force lawyers have represented include:
- Traumatic brain injuries
- Soft tissue injuries
- Broken bones or fractures
- Burns
- Catastrophic injuries
- Spinal cord injuries
- And more
My Loved One Was Killed by a Police Officer. Can I Sue?
Yes! About 195 people die per year due to interactions with California police departments. If your loved one passed away from injuries sustained in an incident of excessive force, you are not alone. Speak with one of our police brutality and wrongful death attorneys to learn about filing a wrongful death lawsuit. While no amount of money can bring a loved one back, compensation can serve to ease the financial burden of funeral costs, past medical expenses, and more.
If your family member was killed by a police officer, you may have a wrongful death case for police brutality and excessive or deadly force. Complete the form to see how you can obtain justice during a free consultation!
Who is Liable for My Injuries?
When it comes to excessive force, who is liable? Responsible parties may include:
The Police Officer(s)
Police officers have a duty of care to citizens to protect and serve. By breaching this duty of care through excessive force, police officers not only violate the duties bestowed on them through the job, but they can also violate a person’s fourth amendment right protecting them from unreasonable searches and seizures. This form of police misconduct often brings liability in the case of injuries of another individual, regardless of whether that person committed a crime or was lawfully in the country.
The Police Department
Due to the fact a police officer is acting within the scope of their employment and under the supervision of a police department, the department may be held liable in an excessive force lawsuit. This would be because of vicarious liability, where an employer is deemed liable for the actions of their agent as they are committed under the control of the employer and as part of the job duties.
The Municipality
Under the Monell doctrine, an individual can hold a municipality liable for a police officer’s actions if they were committed under the supervision of the city, under unconstitutional city policies, or if the actions were a result of a failure to train or discipline police officers. Speaking with an excessive force attorney at BD&J can help you learn more about municipality liability. If your police brutality lawyer suggests you may have a case against the municipality, it’s import to file as soon as possible. Cases against government entities have a reduced statute of limitations of only 6 months in California.
What is Qualified Immunity?
Qualified immunity is a term that describes a type of legal immunity preventing government officials from being subject to lawsuits alleging they violated a person’s rights, unless it is established they did in fact violate a citizen’s constitutional rights through their conduct. The purpose of qualified immunity is to shield officials from lawsuits based on harassment and further distraction. In the case of a lawsuit of established excessive force, however, qualified immunity is invalid as a person’s fourth amendment rights are violated (according to U.S. section 1983).
If a police officer, police department, or local government body enabled your injury during a police encounter, you don’t have to suffer in silence. Get your free consultation today by completing the form.
How Can an Excessive Force Lawyer Help My Case?
After going through an incident of excessive force at the hands of a police officer, you may feel angry, uncomfortable, and even too intimidated to pursue justice. Let an excessive force lawyer help you bring your claim forward. The excessive force and police brutality attorneys at BD&J help clients through the filing process, evidence collecting, negotiations, and with aggressive representation against police departments’ large legal teams. We fight diligently to protect the rights of injured Californians who had to deal with antagonistic officers of the law meant to protect and serve.
Frequently Asked Questions
What’s the Difference Between Excessive Force and Deadly Force?
Excessive force is the use of force that is more than reasonably necessary. Deadly force is force that is used with the intent to cause serious bodily injury or death.
What if a Loved One Died from Injuries Sustained Through Either Incident Types?
If your loved one died from their injuries in an incident of excessive force or deadly force, you could hold the police officers and other involved parties liable through a wrongful death lawsuit. Speaking with a police brutality attorney at BD&J can help you learn more about how to file this type of claim to get some justice in the name of your loved one.
How Can I Prove Use of Excessive Force?
Proving use of excessive force can be done by showing the minimal threat level of the suspect, complacency of the suspect, and that the actions of the police officer were completely unnecessary under the circumstances. Photos and videos of the incident and injuries, eyewitness testimony, medical records, and formal written reports about the incident can also be key evidence in a claim.
What if the Police Officer Responsible is Harassing Me?
Police officer harassment of a civilian is a criminal offense. If you are being followed, watched, or targeted by a police officer(s), speak with your police brutality lawyer to learn more about the legal protections available for you. You are legally protected from harassment and intimidation at all times, even after filing a claim against an officer or police department.
Can the Police Department Come After Me for My Claim?
Filing a lawsuit against a police department can be an extremely intimidating experience for anyone, but it is perfectly legal to file a lawsuit on the grounds of excessive force to hold the appropriate parties liable. If a police department comes after you for your lawsuit, this could be seen as retaliation and even harassment. A police brutality attorney can advise you on your legal options when it comes to retaliation.
Can Filing an Excessive Force Lawsuit Create any Change?
Filing an excessive force lawsuit can bring those responsible to justice, and possibly also shift department operations when it comes to developing strategy plans in the case of any abuses of power done by police officers. Incident location, political leanings of the area, and the reputation of the police officer or officers involved are some of the most impactful factors when it comes to intensive change after an excessive force incident. Sitting down with a police brutality attorney from BD&J can ensure your claim is represented with concrete facts, evidence, and legal expertise to hold those responsible and create internal shifts for the better within departments and municipalities.
How To Contest a False Arrest
False arrests aren’t the norm, but they can occur leading up to and after a case of excessive force. To contest a false arrest, make sure to:
- Stay calm. – It can be easy to let emotions run high, but cooperating and staying complacent in the case of a false arrest can be positive for your case.
- Document what you can. – This is limited under the circumstances, but take note of the officer’s name and badge, the location (including any businesses present), and other witnesses involved.
- Ask for your police brutality lawyer. – Maintain your silence and do not answer any questions without your police brutality lawyer present. If the officers attempt to question you, you can remain silent or simply say, “I want a lawyer.”
Unwavering Excessive Force and Police Brutality Lawyers Who Represent Injured Californians
Excessive force occurs when police officers take advantage of their power to target and hurt the citizens they should be protecting. If you or a loved one were involved in a case of excessive force and police brutality, know that you are not alone. An excessive force and police brutality lawyer can help you pursue compensation and hold all involved parties accountable.
At BD&J, we’ve been helping injured Californians for more than 20 years. We’ve recovered more than $2 billion* in compensation for those hurt by another party’s negligence and recklessness, including those who were injured by aggressive police officers in an excessive force incident. No fees until we win*.
Call us now to receive your free consultation!
