Standing Against Excessive Force: Protecting Civil Rights and Dignity
Excessive force refers to unnecessary, inappropriate, or unwarranted use of force upon civilians by law enforcement officers. Law enforcement officials are important and indispensable to the smooth running of our communities. They are trained to effectively handle situations that may involve violence or high tension. They are also legally allowed to use force to defuse these situations where necessary. But they still have an obligation to act within the bounds of the law.
In situations where a person is calm, respectful and responsive, there is no need for force. Excessive force by a police officer can include physical actions like punching, slapping, manhandling or unnecessary use of a taser or stun gun. It can also include verbal intimidation or any other inappropriate actions by these law enforcement officials.
Where you have been a victim of such excessive force at the hands of a police officer or other law enforcement personnel, you may be able to sue. This is abuse and a violation of your human and civil rights – whether or not you have committed a crime.
When Has an Officer Used Excessive Force?
You might be able to file a civil claim against the police force if an officer has caused you injury due to excessive force. Even if you were in the wrong at the time, you have a right to fair, decent, and humane treatment.
To determine if excessive force has been used on you or a loved one, we need to consider the surrounding circumstances in that moment. In situations where you were not showing any form of aggressive behavior, any form of force may be excessive. If the suspect was reluctant to obey at first but was eventually responsive, any more force than absolutely necessary may be excessive.
In filing a civil claim for excessive force, one obstacle that usually lies before plaintiffs is the burden of proof. A plaintiff must prove that the law enforcement official alleged to have used excessive force was responsible for your injuries and or emotional distress. Your claim may include the following:
● That the officer acted with disregard to the necessary standards of arrest
● That the officer’s conduct was reckless and dangerous
● That the officer was malicious and intended to inflict distress on the victim
● That the victim was injured or suffered emotionally due to the officer’s actions.
Types of Excessive Force
Excessive force by the police manifests in various forms and examples. The most common claims brought against the police force and law enforcement agencies include false arrest, malicious prosecution, unreasonable use of force, and sexual assault.
False Arrest
This is the most common claim often brought against police officers. It usually involves unlawful search and seizure. However, Police can arrest if they believed their information to be correct whether or not it is true. To prevail on a false arrest claim, it has to be proven that the arresting officer did not have enough to believe that a crime has been committed.
Malicious Prosecution
This claim asserts that the arresting officer deprived the victim of the right to liberty. To win, it has to be proven that the police officer started a criminal proceeding, the proceeding ended in your favor, there was no probable cause and that the proceedings were brought with malice towards you, the victim.
Unreasonable Use of Force
This often involves serious physical injury or death. Police brutality, police shootings and sexual assault by police officers all boils down to abuse of power and unreasonable use of force. In cases such as this if the police officer did not intend to but used unreasonable force, they are liable. On the other hand, if the officer’s intentions, motivations or expressions were bad but they used reasonable force, they cannot be liable for unreasonable use of force.
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