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Physical Assault and Police Misconduct

This content about Physical Assault and Police Misconduct 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.

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).

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 Physical Assault and Police Misconduct 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.