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Act Now on Excessive Use of Force by Correctional Officers

This content about excessive force was written by a third party and does not represent the views or opinions of Haddad & Sherwin LLP, nor should it be construed as a complete and accurate statement of the law or as legal advice.  For better information about this topic, please contact Haddad & Sherwin LLP.

Even though correctional officers are expected to exert authority and discipline during arrest or detention processes as part of their duties, their actions should never compromise the citizen’s physical and psychological integrity but excessive use of force by correctional officers still happens.

Unfortunately, this is what happens in many instances and constitutes a flagrant violation of basic human rights that often goes unnoticed or fails to be punished.

Any citizen who has suffered excessive use of force by Correctional Officers has the right to file for a federal lawsuit where the offending officer or officers can face criminal charges.

Here is what you can do if you or someone you know has been subjected to excessive use of force by Correctional Officers in California.

When to File for Excessive Use of Force by Correctional Officers

If you or someone you know has been in the following situations, your case may classify as excessive use of force by Correctional Officers:
● Exaggerated and unduly corrective measures or retaliatory measures were taken during stops, arrest, or other legal processes.
● Said measures caused physical or psychological harm (not minor, but permanent or
debilitating injury)
● Harmful actions on the same inmate or several inmates are repeated
● An inmate’s request, especially for health care, is deliberately ignored
● Other correctional officers of higher rank are aware of the exaggerated measures and do not act to stop them
● Chemicals are used as correctional measures

Recommendations to File a Claim for Excessive Use of Force by Correctional Officers in California

You can effectively bring a lawsuit on the offending officer(s) or the county if you have been a victim of police brutality. Take a few details into consideration:
● File within the statute of limitations (deadline) of two years for a federal lawsuit and six
months for a state law claim.
● Exhaust all administrative procedures you can before filing for a lawsuit. This is to
comply with the Prison Litigation Reform Act and avoid your case from being dismissed
by the court.
● Get a proper assessment from experienced attorneys as soon as possible.
If you were a victim of excessive use of force outside a correctional facility, get information on the burden of proof you’ll need to present your evidence, the statute of limitations or deadline to start the process, and the immunity of the corresponding jurisdiction. These details vary from one state and jurisdiction to the next.

Legal Advice Is Crucial

It’s not uncommon to see excessive use of force by correctional officers in California, and any citizens who are affected by it should learn their rights to a proper defense. Experienced attorneys can guide you through the process of filing a lawsuit for police brutality.

Haddad & Sherwin LLP has a long, successful track record winning wrongful death and other serious civil rights claims for police and jail officer misconduct, throughout Northern and Central California.  Call or email us for a free consultation.

This content about excessive force was written by a third party and does not represent the views or opinions of Haddad & Sherwin LLP, nor should it be construed as a complete and accurate statement of the law or as legal advice.  For better information about this topic, please contact Haddad & Sherwin LLP.