What Is Police Brutality?

Generally, it’s when an officer (or a group of officers) use more physical force than necessary to control a situation. You’ve probably seen the recordings of police confrontations, but police brutality can also be:

• Excessive force, especially on restrained individuals

• Coercion

• False arrest

• Demeaning strip-searches

• Unwarranted use of police authority

• Improper or otherwise illegal activity while on official duty

• Unnecessary use of a firearm

When a police officer roughly handled an already handcuffed individual, harasses someone or otherwise acts inappropriately during an encounter with the public, he or she may be violating your civil rights, even if no physical injuries occurred.

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Police Brutality And Abuse Are Civil Rights Violations

Nearly every kind of police misconduct is a violation of your civil rights.

Lawsuits against police are more complicated due to something called “qualified immunity.” Police are given a wider latitude to do their jobs without worrying about the threat of disciplinary actions or lawsuits just for doing their jobs and enforcing the law. Therefore, an attorney must prove that the police officer’s actions exceeded reasonable bounds, causing your injuries and violating your civil rights.

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Police brutality, as well as other overreach by municipal agencies at the state, federal and local level, is a violation of the Fourth Amendment. These kinds of cases are commonly called “1983 cases,” because of the federal statute that details denial of an individual’s civil rights (42 U.S.C. §1983.) A “Section 1983” lawsuit can be filed against anyone employed by the state (including police officers) who denies an individual their Fourth Amendment rights. Section 1983 is the one most commonly used in lawsuits regarding police misconduct.

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Suing The Cops

Unlike other types of lawsuits, police brutality cases are more difficult because of their qualified immunity. As the defendant, you’ll be required to prove that the police acted improperly to deny your civil rights. In order to do that, you’ll need to help your attorney prove your case by preserving evidence:

• Write down everything as soon as you can to avoid forgetting important details

• Save any damaged property (clothes, documents, etc.) and keep them in a safe place

• Take pictures of injuries and any other evidence available immediately, and keep them safe

• Get names, addresses and contact information of any witnesses

• Keep good notes on any updates on your case, as well as names, numbers and titles of contacts and everyone you speak with regarding your case

This information will help your attorney accurately defend your case and represent you in court.