Police Shootings
K-9 Bites/Attacks
Police Brutality
What is Excessive Force?
Excessive force occurs when law enforcement officers use more physical power than necessary to handle a situation involving a suspect or individual. It can manifest in various ways, including physical assaults, unwarranted use of weapons, or inappropriate restraint techniques. The key determinant of excessive force is whether the actions taken by an officer are reasonable given the circumstances they face.
Whether the force that has been used in excessive has to be look at on a case by case basis, taking several factors into account.
How Do You Know If The Force Was Excessive?
The legality of police actions regarding force is often evaluated based on standards set forth in landmark court decisions such as Graham v. Connor. This case established that any assessment of excessive force should consider:
– The severity of the crime involved;
– Whether the suspect poses an immediate threat to officers or others;
– Whether the suspect actively resists arrest or attempts to evade arrest by flight.
Of course, case law in the United States Supreme Court and the Seventh Circuit Court of Appeals will apply to determine whether specific acts of police officers were reasonable. That’s where having experience legal representation comes in handy.
Do I Win If A Court Says The Force Was Excessive?
Not necessarily. Even if the court rule the force used by an officer was excessive, the case may get dismissed based on Qualified Immunity. In order to survive a Qualified Immunity defense, your excess force attorney will need to fine case law from the Supreme Court of the United States or the Seventh Circuit Court of appeals that is similar enough to your case that the Officer(s) involved should have been put on notice that the conduct they were engaging in was unconstitutional OR their conduct must be so egregious that any reasonable officer would know their actions were unconstitutional.
Then, even if you survive summary judgment based on the reasonableness of the officer’s conduct and qualified immunity, you’ll still need to take your case before a jury and secure a verdict, which is incredibly difficult in the State of Indiana.
In order to win an excessive force case you’ll need an experience excessive force attorney who knows how to properly handle these cases from investigation, to formal discovery, and even trial if necessary.
What Kind Of Compensation Can I Get For An Excessive Force Claim?
The damages you’re entitled to receive if you win an excessive force claim are outlined by 42 U.S.C. section 1983. They include:
– Medical Bills
– Lost Wages
– Pain and Suffering
– Reasonable Attorney’s Fees
– Reasonable Expert Expenses
– Damages for the violation of your Constitutional Rights
There is some difference in how these damages are calculated when an individual is killed as a result of excessive force, but an experienced excess force lawyer can easily navigate these issues for you.