Physical Assault and Police Misconduct
Regarding physical assault in police misconduct or official misconduct, here’s the information about it that’s posted in the U.S Department of Justice’s website.
If you’re assaulted by the police
In cases of physical assault, such as allegations of excessive force by an officer, the underlying Constitutional right at issue depends on the custodial status of the victim.
If the victim has just been arrested or detained, or if the victim is being held in jail but has not yet been convicted, the victim must, in most cases, prove that the law enforcement officer used more force than is reasonably necessary to arrest or gain control of the victim.
This is an objective standard dependent on what a reasonable officer would do under the same circumstances, based only on information that a reasonable officer should have known at the time. “The ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.” Graham v. Connor, 490 U.S. 386, 396-97 (1989).
Jail Officer Misconduct
If the victim is a convicted prisoner, the victim generally must show that the law enforcement officer used physical force to punish, retaliate against, an inmate, or otherwise cause harm to the prisoner, rather than to protect the officer or others from harm or to maintain order in the facility. See Whitley v. Albers, 475 U.S. 312, 319 (1986).
More on Police Misconduct:
- About the Law Enforcement Misconduct Statute
- Agreeing with a search warrant
- Common types of Police Misconduct
- Deliberate Indifference
- Filing a police misconduct complaint
- How do I report Police Misconduct?
- Physical Assault
- The OJP Program Statute
- The Americans with Disabilities Act
- Police Misconduct in the US
- Laws Enforced by the Department of Justice
- Police Misconduct Provision
- What information should I include in a Complaint to DOJ
- Police Misconduct: A Violation of Your Rights
- See an Attorney about Police Misconduct
- Sexual Misconduct
- Understanding Police Misconduct and Civil Rights Violations
- What is Police Harassment?
- What counts as Police Misconduct?
- Advice from a Police Misconduct Attorney
- Your Legal Options after Suffering a Wrongful Arrest
- How to Legally Act Against Police Brutality and Misconduct
- How to Tell If You Are the Victim of a Wrongful Arrest
- How to Pick a Civil Rights Lawyer for Police Misconduct Cases
- Defenses You May Use as a Police Officer Against Alleged Police Misconduct
- What to Do When You Sustain Injuries Due to Police Misconduct
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.