It might alarm you to learn that nearly 1,100 people were shot and killed by law enforcement officers in 2022. Unfortunately, many of these incidents involved excessive force.
Some even left unarmed individuals severely injured or deceased. It’s essential to understand the difference between excessive and reasonable force so you know when to take legal action.
We’ve written a brief guide that explores this topic and how you can leverage your rights as a citizen. Let’s look at what you should know.
What Is Reasonable Force?
As the name implies, this scenario involves using a suitable amount of force to neutralize a threat. This will vary depending on the situation.
In most situations, the officer will only need to use minimal force to get someone to comply. In many scenarios, they won’t need to use force at all. The threshold for reasonable force escalates depending on the criminal’s activity.
To clarify, there’s a strong difference between someone who listens to the police and someone who fights back. In general, reasonable force should leave the other party uninjured and without long-term complications.
What Is Excessive Force?
Excessive force refers to an incident where a law enforcement officer uses more force than necessary against a civilian. For example, let’s assume law enforcement officers were engaging a criminal on the run. After a lengthy chase, they have him surrounded in an empty field on the outskirts of the city.
Officers draw their weapons and order him to get down on the ground with his hands behind his head. He complies, but officers tase him and beat him once he’s on the ground.
Despite surrendering peacefully, he suffers a broken jaw, internal bleeding, and multiple fractures. Although law enforcement officers apprehended the criminal, they used excessive force to do so.
What Is Police Harassment?
Sometimes, law enforcement will harass victims of police brutality to intimidate them. This commonly occurs when someone openly speaks out against law enforcement. Imagine someone who was injured by excessive force files a lawsuit against the local police department.
Shortly after, they noticed they were getting pulled over nearly every day despite not breaking laws. Some law enforcement officers openly tell them it would be in their best interest to drop the case.
Other issues begin to arise, such as their car getting broken into overnight. When they call the police to report the incident, officers don’t seem to care what happened.
Police harassment comes in many forms, and it’s not limited to verbal altercations. Some instances of police harassment can cause someone to fear for the safety of themselves and their family.
Civil Rights Claims against Police
It’s possible to file claims against offending police officers. This can occur if your rights as an individual are infringed upon due to police misconduct. It doesn’t always involve physical abuse, either.
A police officer could unlawfully detain someone for hours despite not having probable cause. They could also search and damage someone’s property without a warrant.
Incidents like these are violations of your civil rights and could elicit legal action. Unfortunately, getting the justice you deserve isn’t always easy.
The law strongly favors police officers, meaning the burden of proof is particularly heavy. The plaintiff will need a large amount of evidence to prove their case. Video footage is often the strongest form of evidence you can use.
Many police departments issue body cameras to their officers. However, these cameras often seem to “mysteriously” deactivate right before an incident occurs. If you or someone else films the altercation, you can use this recording in court to prove the officer’s wrongdoing.
More often than not, police departments will attempt to settle out of court. It’s never recommended to accept their initial offer, as it will be far below what they’re willing to pay.
For instance, a local police department could offer $500,000 to someone who was injured due to police brutality. After negotiating, they could eventually settle for $2.5 million to avoid the case going to trial.
Finding an Attorney
The lawyer you work with plays a large role in the results you’ll get. Find someone who specializes in handling cases like yours. This will ensure they understand the nuances of your situation and can provide the best legal representation.
Look into their pricing structure, as well. Some lawyers charge flat fees, while others bill clients hourly. In some situations, attorneys will work on a contingency basis.
This refers to a scenario where the client pays nothing upfront. Instead, the lawyer will take their compensation from what their client wins. If the attorney doesn’t win the case, the client doesn’t have to pay anything.
As you might guess, it’s in your best interest to look for lawyers who work on contingency when taking legal action. Are you comfortable communicating with them?
To get the best results, you’ll need to provide comprehensive information about the incident. If they don’t seem interested in your case, this is a red flag you can’t ignore.
Establish when you can expect to hear from your attorney after you hire them. Some attorneys prefer to communicate slowly through email. Others have no problem answering the phone.
Keep in mind that your lawyer may charge extra to contact them in certain situations. For example, your attorney might return emails and text messages outside of business hours but charge an extra fee to do so.
Stay aware of scenarios like these so you can avoid financial surprises. As long as you do your due diligence, you’ll find the ideal lawyer for your situation.
Take Action ASAP if Possible
If you’ve been a victim of police misconduct, it’s essential to take legal action as soon as possible. Even if law enforcement used reasonable force, your rights still may have been violated. This will ensure you get the justice you deserve and that the offending officer(s) is punished appropriately.
At The Law Offices of Gerald J. Noonan, our team is committed to exceeding all of our clients’ expectations. We have decades of combined experience and strive to deliver quick results without sacrificing quality. You’ll learn more about the many benefits we offer when you get in touch with us today.