Excessive Force/Police Brutality
Excessive force under the Fourteenth Amendment is objectively unreasonable conduct that, given the facts and circumstances, would “shock the conscience” and amount to an arbitrary exercise of governmental power. Each citizen has a constitutional right to be free from the unlawful and excessive use of force, pursuant to the Fourth Amendment, and to be free of cruel and unusual punishment, pursuant to the Eighth Amendment.
Fourth Amendment jurisprudence recognizes that the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it. However, the application of the reasonableness standard requires a particularized inquiry into the totality of the circumstances, including, but not limited to, the following:
- The severity of the crime at issue;
- Whether the suspect posed an immediate threat to the safety of officers or others; and
- Whether the suspect is actively resisting.
The Baker Law Firm Takes The Fight To The Opposition
A common misconception of some victims of police brutality is that an internal investigation by law enforcement that clears an officer from wrongdoing prevents a civil rights lawsuit for excessive force from being filed and brought to court. This is not the case.
At The Baker Law Firm, we employ our own independent team of investigators, doctors, use of force experts, mental health professionals, and often times consult with current and former FBI agents, to determine the circumstances surrounding your injuries, or the cause of death of a loved one. We have the experience and know-how to lay the proper foundation for overcoming common defenses and, ultimately, put you in a position to win and get you the justice and compensation you or your family deserve. Do not wait any longer; call us now for an immediate and free consultation: 865-413-3438.