In order to prove a police brutality claim a plaintiff must show that the police used excessive force. Graham v. Connor, 490 U.S. 386, 388 (1989). Whether the police officer’s actions were excessive is determined by using a reasonableness standard viewing the facts and circumstances of the specific situation confronting the officer. The reasonableness of the force used is weighed comparing the individual’s right to be free from unlawful seizures with the counterviling interest of the government including officer and public safety. Factors that are weighed when deciding whether an officer has used excessive force include the amount of force used, whether there was probable cause for the intital arrest, the seriousness of the crime, whether the suspect poses an immediate threat to the officer and general public, and whether the individual is complying with the officers requests, resisting, or fleeing.
Police brutality may come in various forms including the unnecessary use of a taser or other weapon, punching, kicking, or otherwise inflicting harm on an individual who is sufficiently detained, or physically asserting control over an individual through the use of force where there is no probable cause to arrest. Like other civil rights violations other factors determine the viability of your claim including the amount of measureable damages such as medical bills, lost income, or identifiable permanent disability.
There is never a charge for a Free Consultation. If you decide to retain us to pursue your claim there are typically no upfront expenses.
If you believe you have been the victim of police brutality, excessive force, or other constitutional violation contact the Norman Law Firm today.