Police Misconduct and Excessive Force: Legal Remedies

Excessive force, also known as police brutality, is a serious civil rights violation. Unfortunately, it’s also quite common. In a recent survey conducted by the U.S. Department of Justice, over 40 percent of victims of police misconduct reported that officers used or threatened to use force against them. If the police used excessive force against you, you may be able to sue the offending officer and others for violating your rights. 

This article answers many questions about suing the police for excessive force. However, police misconduct cases present many difficulties. After reading this article, discuss your case with a police misconduct attorney near you.

What Is Excessive Force? 

The Fourth Amendment of the U.S. Constitution protects Americans against unreasonable searches and seizures. That protection includes the right to be free from police officers’ excessive force. 

There is no bright line between legal force and excessive force. Instead, the U.S. Supreme Court has said that legal force turns into unlawful force when an officer uses more force than a reasonable officer would have deemed necessary under the circumstances. Some of the relevant circumstances include: 

• The seriousness of the crime 
• Whether the person was armed or posed a threat to the officers or the public
• Whether the person was actively evading the police or resisting arrest

Do I Need to Be Seriously Injured to Sue for Excessive Force? 

No. Excessive force does not require proof of a severe injury. A police officer can violate your Fourth Amendment rights without touching you. For instance, if you’re standing on the sidewalk, an officer can tell you to move along. However, pulling a gun on you before asking you to move would be excessive force even if the officer doesn’t shoot you because a reasonable officer would not have pulled a firearm under these circumstances. 

Who Can I Sue in an Excessive Force Claim? 

All civil cases begin with a legal document called a complaint. The complaint names the person who was harmed (“the plaintiff”) and explains how the other person (“the defendant”) injured the plaintiff.

Defendants in an excessive force case can include individual officers and law enforcement agencies. The officer who used excessive force against you should be named a defendant, as should any other officers at the scene who failed to protect you. Suppose a police department policy led an officer to use excessive force against you. In that case, you may be able to sue the police department, the local government that operates the police department, or both. 

What Claims Can I Raise in My Excessive Force Lawsuit?

Section 1983

Section 1983 (42 U.S.C. § 1983) is a federal law that allows you to sue people acting “under the color of law” for violating constitutional rights or rights guaranteed by federal law. Police officers are government actors, and excessive force violates the Fourth Amendment, so Section 1983 claims are common in police brutality cases. 

Anti-Discrimination Laws

Sometimes, law enforcement officers target people for inappropriate reasons. The Fourteenth Amendment, the Civil Rights Act of 1964, and many other federal laws prohibit discrimination based on race, sex, religion, and other personal characteristics. If the officer targeted you because of your membership in a legally protected group, you should raise this issue in your complaint. 

Negligent Hiring, Training, and Supervision

Police departments have a duty to hire qualified officers, train them, and supervise them. If you can prove that the police department, in your case, knowingly hired a problematic officer, failed to properly train its officers on the use of force, or neglected to provide necessary supervision, this claim may apply. 

Wrongful Death

Unfortunately, sometimes excessive force becomes deadly force. If an officer’s use of deadly force caused the death of your loved one, a wrongful death claim may be appropriate. 

What Kind of Damages Can I Get in an Excessive Force Case? 

Generally, excessive force cases offer two types of compensation: compensatory and punitive damages. 

Compensatory damages aim to restore you to your previous position before the police used excessive force against you. These damages can cover medical bills, lost wages, and more. 

Punitive damages are designed to punish the officer who hurt you and discourage other officers from engaging in similar behavior. However, punitive damages are only available when an officer’s behavior is particularly horrifying. This is a complex standard, but an experienced police misconduct attorney can help. 

Will the Criminal Charges Against Me Be Dropped if the Police Used Excessive Force? 

Generally, no. Legally, excessive force will not invalidate or affect any criminal charges against you. However, the prosecutor may offer you a release-dismissal agreement. In this arrangement, you agree to drop your civil lawsuit once the prosecutor dismisses the criminal case against you. Release-dismissal agreements are legal, but they must meet specific guidelines.

Contact an experienced police misconduct lawyer before signing a release-dismissal agreement.

How Can a Lawyer Help Me With My Excessive Force Claim? 

To win a civil suit for excessive force, you’ll have to prove that the officer’s behavior differed from that of a reasonable officer and that you were injured. This will be difficult, but an attorney can help. A police misconduct lawyer can also: 

• Investigate department policies on the use of excessive force
• Look for prior complaints and lawsuits against the officers involved 
• Identify the appropriate civil rights laws for your case
• Help you combat the police officer’s defenses (e.g., qualified immunity)

If you’ve been injured by a police officer’s use of excessive force, don’t delay. Use the LawInfo legal directory to find a police misconduct attorney near you.