Under the Constitution's Fourth Amendment, a police officer may use only such force as is “objectively reasonable” under all of the circumstances.
An unreasonable use of force is an excessive use of force, often depending on the circumstances, referred to in the following terms: Police misconduct, police abuse, police brutality, deputy sheriff misconduct, deputy sheriff brutality, and deputy misconduct.
Law enforcement officers take an oath to uphold and enforce our laws with integrity and honor. In a civil rights lawsuit the reasonableness of an officer's use of force is determined from the perspective of a reasonable officer on the scene and not with the 20/20 vision of hindsight. Although the facts known to the officer are relevant in a lawsuit, an officer's subjective intent or motive is not. The force used must be reasonable under the circumstances known to the officer at the time.
Under the Constitution's Fourth Amendment, a police officer may use only such force as is “objectively reasonable” under all of the circumstances. An unreasonable use of force is an excessive use of force, and depending on the specific circumstances, is variously referred to as follows: Police misconduct, police abuse, police brutality, deputy sheriff misconduct, deputy sheriff brutality, and deputy misconduct.
The policies of police and sheriff's departments usually describe in detail the procedures to be followed by their officers when using force in response to a call or when taking civilians into custody. Unfortunately, many police officers and deputy sheriffs either haven't been professionally trained or don't follow their departmental policies or training when responding to calls. As a result many individuals are injured by officers using excessive force during their encounters. These include officers improper use of their tasers, pepper spray, police dogs, and batons.
If you, a family member or friend are a victim of police brutality through the use of excessive force by a police officer or deputy sheriff, we can assess your situation and advise you in seeking damages and financial compensation. Time is of the essence as there are statutes of limitations applicable to all civil claims against governmental agencies such as Cities and their Police Departments, Counties and their Sheriffs' Departments and their employees. If a governmental claim and/or lawsuit is not timely filed, you will forever lose your ability to seek justice in a court of law.
When relating the events surrounding your injury to us please include where possible the identity and contact information of all potential witnesses, and whether there is video footage and photographs taken during the incident. It is important that you consult as soon as possible with an attorney who understands this complex area of the law, who can review issues of liability with you, and make recommendations on the best course of action you can follow.
Contact us online with a description of your case. You can also call us at 951-554-8115 to speak with one of our non-lethal excessive force attorneys/lawyers in Riverside, San Bernardino, or Orange County. We can help you!