Excessive force occurs when a police officer uses more force than is reasonably necessary during an arrest, investigatory stop or seizure. Often, “force” refers to the physical actions of police officers in excessive force cases; however, sometimes force is not physical at all. When it comes to charges, police can also show excessive legal force, charging felonies, for example, in situations where they could charge a misdemeanor.

If you believe you have experienced excessive legal force, you are not alone. In the United States, there are approximately 1,254,200 people in prison. The country easily has the world’s highest incarceration rate, imprisoning around 614 people for every 100,000. Why, though? One reason is due to excessive police force in the form of legal charges. 

It may be within your rights to pursue legal action against the police officers who have assaulted you through unjust legal force. By definition, “brutality” is “great cruelty.” It is unreasonably cruel to charge someone with a life-damning sentence for a nonviolent crime. You deserve justice if you have been a victim of any type of police brutality. 

How Legal Resources Can Help

In the U.S., there are different ways to take legal action. The first way is trying to do it yourself without any help. This is not recommended and can be very difficult. You can also use public resources and/or hire a legal professional – an attorney or a law firm- to guide you through the process. Some lawyers require a retainer fee, but others only charge if you win the case. Many offer free consultations.

If you choose to navigate the legal process on your own, one of the best places to check for legal information is through your state’s public court information resource. In the state of Michigan, for example, Michigan Legal Help offers residents a vast library of legal resources available in a self-help presentation. 

Areas of law such as civil rights surrounding police misconduct are not usually covered by government legal help guides; however, you can still find useful information about the basics of filing a legal complaint. Whether you choose to hire an attorney or go the self-guided route, using resources such as online legal libraries and free consultations can be extremely helpful.

What Is Excessive Force?

Excessive force is when a police officer uses more force than what would be reasonable to another police officer. It can occur anytime during an arrest, investigatory stop or seizure. Physical excessive force is a common civil rights conviction against police officers in the U.S. Some different types of physical excessive force charges include:

• Physically assaulting someone in custody
• Using a taser on a compliant person
• Beating someone with a baton
• Failing to intervene when another officer uses excessive physical force

Physical excessive police force is the most frequently reported type of police brutality in the U.S.; however, it is not the only type. Bullying and other police actions can also unnecessarily cause significant emotional distress. Excessive legal force is another form of non-physical excessive force.

What Is Excessive Legal Force? 

Excessive legal force happens when charges are not fair for the crime. For example, it is not uncommon for police to charge people with felony assault during any kind of resistance to arrest. Although resisting arrest is against the law, protesting the government is a right protected by the U.S. Constitution. Sometimes, police officers cross a blurry line with felony charges that have lifelong effects that are disproportionate to the crime committed.

Understanding Your Rights

In general, you have a right to be free from brutal or unnecessary force when interacting with police officers. Police also do not have a right to unreasonably search you or seize your property. In addition, you have a right to an attorney and a trial by jury. Although it is less commonly known, you also have a right to fair charges.

FAQs

Q: Can I Sue If Police Arrest Me But Do Not Cause Serious Injury?

A: Yes; serious injury is not a requirement for an excessive force claim. The key is whether police action was reasonable. Across the country, courts recognize claims for emotional distress, pain, humiliation, and psychological trauma. A person shoved, bruised, and feeling shaken can still have a strong case. Assault and battery charges do not require permanent harm.

Q: Do Police Always Have Immunity Against Excessive Force?

A: Although “qualified immunity” usually protects police officers when the law is not clearly established, the same is not true when the law is clear and their actions go against it. Police actions are not uniform. When it comes to pressing charges, there is a lot of room where police officers have discretion. As a result, you can hold them accountable for excessive force.

Q: What Compensation Is Available for Excessive Force Victims?

A: Compensation for excessive police force victims varies depending on each situation. When a police officer oversteps with force, there can be different kinds of damages to calculate, including economic, non-economic and sometimes even punitive damages. State laws also vary, so it is important to pay attention to timelines for filing a complaint.

Q: How Long Do I Have to File a Claim?

A: State laws around filing a claim vary. In many states, you must file an excessive force claim within three years; in other states, the time frame may be longer or shorter. Police misconduct cases can go through both state and federal courts, depending on the nature of the claims. Check with your local court directory for which court you should file with and how much time you have to file.

Fight Against Excessive Legal Force

If you are facing excessive legal force from law enforcement, you are not alone. You need to speak up though. You have a right to fair charges that are reasonable for the crime you committed (if any). Google local attorneys and schedule some free consultations; also, look into your state’s public legal resources.On a side note, there is strength in numbers. If you have experienced excessive legal force, contact Black Panther Law to share your story today!