What is Excessive Force?Last updated on: September 30, 2022
Many private citizens take comfort in the fact that they have the ability to call 911 and have law enforcement come to their aid within minutes. For the most part, interactions with the police happen relatively routinely and without any major incidents. However, this is unfortunately not true for every situation the police respond to.
When you or a family member are hurt after excessive force by the police, it can feel like a betrayal to have been injured by those sworn to protect us. Getting fair treatment may require the help of an excessive force lawyer. If you need help in your excessive force claim, call Zinda Law Group at (800) 863 5312 for your 100% free consultation. You will not pay us anything unless we are successful in winning your case.
Understanding Excessive Force And Your Rights When Interacting With Law Enforcement
Some victims who attempt to file excessive force lawsuits run into the concept of immunity. Many states have laws in place that provide immunity to officers who are acting within the scope of their responsibilities. The theory behind these laws is that officers need some form of legal protection to be able to do their jobs without the fear of being sued every time they interact with a member of the public.
However, these statutes do not protect officers when they are acting outside the scope of their responsibilities. Generally speaking, if it is determined that an officer used excessive force during an interaction, then that will likely mean that they were not acting within the scope of their duties as a police officer.
Another potential challenge for victims is governmental immunity. Similar to the immunity of a police officer, this states that any government agent acting in accordance with their governmental responsibilities is not liable for malicious or bad faith actions; this is called absolute immunity. Qualified immunity, on the other hand, is a conditional immunity that comes about only when statutes or laws make it so the agent is immune.
As you can see, immunity can be a complicated issue but it shouldn’t deter you from seeking compensation. Speaking with an experienced attorney will clear up all the issues and trepidations you might have when seeking fair compensation. Contact Zinda Law Group today to discuss your case.
What Are Examples Of Excessive Force?
Excessive force is force in excess of what a government official, such as a police officer, believes is reasonably necessary. Whether a police officer used excessive force will depend on the facts of the case. Potential examples of excessive force may include:
- Extreme use of a baton
- Unnecessary use of a taser or stun gun
- Assaulting an individual who is being compliant or already in police custody
If a police officer abuses his or her position of power and engages in misconduct, such as excessive force, he or she may be violating the victim’s civil rights. If you believe you have been the victim of excessive force from a police officer, contact Zinda Law Group today.
What Is The Difference Between Excessive Force And Brutality?
Excessive force is a broad term for when any government official uses force that exceeds the amount necessary to resolve the situation safely. Police brutality, however, is more specific to law enforcement, or police officers. Police brutality may occur when the officer uses excessive force when making an arrest, for instance. Thus, excessive force has a broad scope which encompasses police brutality.
Contact Zinda Law Group today if you have any additional questions on the difference between excessive force and brutality, or if you wish to begin your claim.
If a police officer unlawfully arrests someone, it may lead to unnecessary physical and emotional dangers. These dangers may have a lasting impact on the individual’s reputation and can even lead to health concerns.
If you or a loved one believe you were unlawfully arrested, you may need an experienced personal injury attorney to fight for your legal rights. Contact Zinda Law Group today to discuss the facts of your specific case.
Excessive Force Used During Trial Detention
When determining excessive force claims brought by pretrial detainees, you must acknowledge the Fourteenth Amendment. The Supreme Court has held that in order for a pretrial detainee to prove an excessive force claim under the Fourteenth Amendment, he or she must be able to show that the officer was objectively unreasonable when using force. This means that the pretrial detainee does not have to show that the officer was subjectively aware that the force was unreasonable.
Proving that the officer’s use of force was objectively unreasonable may be difficult and will depend on the unique facts of your case. For this reason, it is important to contact Zinda Law Group today, as we can help investigate your case and fight for your legal rights.
By law, a confession of wrongdoing or guilt must be truly voluntary. This means that it cannot be coerced or given due to threat. This may occur when a police officer uses physical or verbal threats in order to acquire a confession.
If you have been threatened or coerced into providing a confession, contact Zinda Law Group today. Our team can help investigate your case and determine whether your confession was given by coercion or threat.
How Do I Determine What’s Excessive?
In an excessive force case, the key word to focus on is “excessive;” this is because police officers are generally allowed to use the amount of force that is necessary to make an arrest or defend themselves. Even if you were injured during an interaction with a law enforcement officer, it doesn’t necessarily mean that the force that they used was unlawful. Thus, the determination in whether you may be entitled to compensation comes down to whether the force that was applied was excessive.
Whether the force used by an officer was excessive or not is dependent on the unique facts of every case. For example, an officer may be allowed to use more force if the arrestee is not being compliant, and the amount of force that they can use on a suspect who is fleeing typically depends on whether that person is suspected of committing a felony or a misdemeanor.
Because the determination of whether force was excessive or not is so dependent on the facts, it is critical to speak with an experienced attorney at Zinda Law Group if someone used excessive force on you or a family member.
What Should I Do If My Rights Are Violated?
Dealing with an excessive force incident in any form can be a traumatizing event. This is to say nothing of the bills that might start mounting up for the victim and their family as they deal with pressing medical needs. One of the best ways to relieve this burden from your shoulders is to hire the right attorney.
Speaking with an attorney will help to give you a better idea of what your exact legal standing is, whether you may be entitled to compensation, and how to pursue maximum compensation if you are entitled to it. Even if you don’t have a compensable claim, you have nothing to lose by reaching out to our injury attorneys—you don’t pay us anything unless we win your case for you, which means the initial, confidential consultation is 100% free.
Call a Zinda Law Group personal injury attorney today at (800) 863 5312 to set up your free initial consultation. You do not have to worry about paying us anything unless we are able to win you compensation in your case. That is our “No Win, No Fee Guarantee.”
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