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Defense against Unreasonable Use of Force

This content about Unreasonable Use of 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.

Unreasonable use of force is not a new matter. Every year, thousands of citizens suffer some kind of damage to their physical or psychological integrity at the hands of law enforcement officials who abuse their entitlements during arrest, stop or conviction procedures. The state of California is not foreign to this reality since it has one of the highest rates of police shootings and police misconduct.

Anyone who has suffered unreasonable use of force by a law enforcement officer is entitled to seek legal advice on how to handle the case and bring it to light.

What Accounts as Unreasonable Use of Force?

Verbal or physical abuse, threats, property damage, coercion, sexual assault, and physical assault or battery are some of the most common ways in which some law enforcement officers unduly exert their power on individuals. The state of California classifies such actions as unlawful assault by a public officer under color of authority.

How to Act Against Unreasonable Use of Force

You have the option to exhaust administrative procedures with the law enforcement institution that represents the offending officer or you can file a lawsuit, which may bring criminal or non-criminal charges against the officer or award you damages.

Some of the criminal charges which can be imposed are assault and battery or even homicide, whereas non-criminal charges like falsifying evidence or false arrest can be imposed.

Proceeding Legally

Detained citizens should exhaust any administrative procedures they can before filing for a lawsuit. In case they don’t, the Prison Litigation Reform Act won’t be complied with and your case might get dismissed. You should also remember the statute of limitations (deadline) for Federal lawsuits (two years), and state law claims (six months).

Individuals who are not under custody should find guidance on specific matters related to state regulations on police misconduct. An experienced lawyer will tell you the necessary burden of proof, the immunity of the jurisdiction to lawsuits from private citizens, and the usual deadline (statute of limitations).

Find Legal Advice

Unreasonable use of force is not meant to pass on. If your basic rights have been violated, act quickly and decidedly on legal grounds with an experienced attorney for cases of unreasonable use of force in California. Their expertise in the legal system and specific cases of this kind will grant that your rights will be restored.

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 Unreasonable Use of 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.