Excessive Force Lawsuits Explained
Excessive force at the hands of a police officer is illegal under the fourth amendment of the U.S. Constitution. If you believe you have been a victim of police misconduct or have suffered abuse at the hands of a prison guard, read on to learn more about how you can fight for your rights.
The difference between civil and criminal law
Simply put, a civil case is one that takes action against an individual for performing a civil wrong, as opposed to a criminal wrong. Civil rights attorneys use the term “tort” to describe a legal wrongdoing, and most cases involve torts of assault and battery.
The majority of lawsuits against police officers include violations of the Civil Rights Act of 1871. This is the legal statute that outlines that it is illegal for a member of law enforcement to violate another person’s constitutional rights.
In general, police officers have the right to use whatever force they need to in order to arrest someone and protect themselves. Typically, when this type of lawsuit makes it to the courtroom, the judge will ask the jury to consider the force a reasonable person would use under the same circumstances. They also take into consideration if the person was being arrested for a misdemeanor or a felony.
However, this does not give police officers a free pass to take advantage of you or injure you in any way. If you are concerned that you may have been a victim, consider a consultation with prison abuse attorneys to find out your next step.
Some states have qualified immunity statutes, which means that public employees aren’t always held accountable for certain injuries they cause in the line of duty. This is a large problem for those looking to bring civil action against police officers, so if you require extra representation, contact our office today.
If you have been a victim of excessive force, do not hesitate to contact a lawyer. Not only will your rights be protected, but you may be able to bypass the court system as only 4% of all personal injury lawsuits ever go to trial. Call our professionals today if you have any questions.