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How to Act Against Excessive Use of Force

This content about police brutality and 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.

How to Act Against Excessive Use of Force

Situations involving run-ins with the police can degenerate into cases of excessive use of force if the officers exceed their rights “under color of law.” In other words, when an officer exerts undue verbal or physical abuse on a suspect during their duties, regardless of the fact that they suspect may have actually been committing a crime. Looking into this topic more closely, you will be able to help yourself or a close person if you have been in this situation.

Right to Just Treatment by Law Enforcement Officials

Regardless of the fact that they may have been committing a crime, any citizen should be granted the right against unreasonable seizure and unreasonable punishment according to the Fourth and the Eight Amendments. In this sense, if you feel your rights were flagrantly violated during a stop, seizure, or even conviction, you may have grounds for a civil claim and perhaps a criminal claim against an officer.

Defending Yourself Against Excessive Use of Force

You could remedy the abuse suffered by bringing a civil law case, where you’ll have the right to damages and an injunction. In other words, you might be awarded money and the county or institution responsible for the offense might be called to change their policies and procedures. You have a statute of limitations of two years from the offense to bring a federal claim, and a burden of proof of “preponderance of the evidence.”

The Role of the New Regulation in California

The state of California has a new law emphasizing the difference between “reasonable” and “necessary” when it comes to the use of force. “Necessary” has become the new mark for force, and it implies an increase in the degree of responsibility when applying lethal force. This should always be the last resort and deployed only when there is an impending danger of the suspect becoming a threat to the life of anyone involved in the situation. Bringing this matter forth is important to create a culture where police brutality does not go without punishment, especially in a state with one of the highest numbers of excessive force events.

Learning More about Excessive Use of Force

To ensure that you have grounds for an excessive use of force claim to restore your rights, look to lawyers with a solid background and experience in this type of claim. This will help you navigate the situation with more confidence and ultimately achieve success for yourself and people who might find themselves in the same problem in the future.

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 police brutality and 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.