Types of Damages for Use of Excessive ForceFiled under Excessive Force, FAQs, Lawsuits and Damages on February 5, 2011
FAQS About Police Brutality, Abuse & Excessive Force
What types of damages can I get for excessive force by police used during an arrest?
If you suffered severe injuries, you may be able to recover for economic damages including: cost of medical care, loss income and future income, and other measurable financial costs you incurred or may have in the future as a result of your injuries.
The types of damages you can recover depend on the circumstances of your case, the severity of your injuries. In order to sue for noneconomic damages for pain and suffering, emotional distress, or intentional infliction of emotional distress your attorney needs to prove certain things occurred:
- Negligence, or reckless behavior on the part of the officer(s);
- An intentional illegal act was committed by the officer(s) that caused harm to the victim; and/or
- The victims civil rights were violated.
It is important to understand that what may be considered police brutality in one situation may not necessarily be considered police brutality in another situation. Police will attempt to minimize, justify and defend their actions as being appropriate, and in some cases, even lie.
Police are allowed to use reasonable and necessary force when making an arrest or handling a suspect. If a suspect uses a weapon, fights back, or attempts escape, police may be able to argue additional force was necessary to make an arrest. If a person was not a suspect, was not attempting to feel, or did resist arrest the police are not allowed to taser, pepper spray, or otherwise physically assault an individual.
Use of Excessive Force / Policy Brutality is a Civil Rights Violation
Law enforcement, including police officers, detectives, sheriffs, deputies, and security guards are not permitted to act with excessive force. The use of excessive force is a direct violation of the civil rights under Fifth and Fourteenth Amendments of the U.S. Constitution regarding cruelty and protection of citizens.
Free Civil Rights Legal Consultation with Police Brutality Attorney
Our police brutality attorneys are experienced litigators who aggressively seek fair settlements for victims of police brutality including police misconduct, and the use of excessive force. When we cannot settle a case in your best interest, we have the experience and resources to file a lawsuit and take your case to court.
One of the main factors in determining the outcome of your case is how well your attorney uncovers, documents, and presents evidence to support your claim. It is not enough to have a “great” case, you also need a great attorney who is experienced in civil rights claims and personal injury law. Our attorneys have almost twenty five years of plaintiff law experience. We do not represent wrongdoers – we have devoted our entire practice to securing compensation for victims.
Contact our lawyers today for a free initial consultation. We can evaluate your case and advise you of your rights. We work on a contingent fee basis: That means there is no cost to you unless we obtain a settlement or verdict in your favor.
More Information About Police Brutality and Your Civil Rights
- Types of Damages Awarded in Civil Lawsuits Against Police
- What is excessive force? What is police brutality?
- I was beaten by a police officer. Can I sue for damages for pain and suffering?
- Can I sue for a police dog bite or attack?