Police Brutality/Excessive Force
Monterey Police Brutality and Excessive Force Attorney
A police brutality or excessive force lawsuit arises when a police officer or other law enforcement official has acted unreasonably in his treatment or handling of an individual. Specifically, the law enforcement official has acted in such a way that his interaction with an individual is unwarranted and not justified by the circumstances. This usually is in the form of unnecessary physical force or the use of a procedure that is more dangerous than needed.
Some examples of situations that may support a police brutality/excessive force lawsuit include:
- A Physical Beating
- The Use of Force Not Justified By the Situation
- The Use of a Dangerous Choke Hold or Arm Bar
- The Use of a Baton or Other Police Weapon When Not Needed
- The Unreasonable Drawing or Discharge of A Firearm
- The Unreasonable Discharge of a Taser or Pepper Spray
- The Failure to Show Restraint or Composure By the Law Enforcement Officer
- The Escalation of a Physical Altercation Without Exercising Other Options
- Multiple Law Enforcement Officers on a Single Individual
- A Confrontation That Results In Hospitalization or Serious Medical Treatment
Police officers and other law enforcement officials have taken an oath to uphold the United States Constitution, the laws of the government and to protect and serve. However, in the end, police officers and other law enforcement officials are just regular people. As a result, some police officers act professionally while others do not. Likewise, some law enforcement officials live up to their promise to protect and serve, while others abuse their positions of power.
Many law enforcement officials are not natural leaders and should not be in a position of power. Simply put, they were able to pass the background check and graduate from the academy, but lack the natural skills needed to handle real world law enforcement duties. As a result, some law enforcement officials let the power of a badge go to their head and act rashly when they should remain calm and composed.
The incidences of police brutality and the use of excessive force in the United States are on the rise. This is due in part to the “militarization” of local law enforcement agencies and the ability to document police brutality through advances in technology. While in the past, an officer’s account of events was largely the only side of the story, there is now often video footage to tell the whole tale. This includes, law enforcement dashboard cameras, cell phone cameras, security cameras, among other recording devices. As a result, the improper actions of law enforcement officials are now front and center in the mainstream media.
Police brutality and excessive force lawsuits are difficult and expensive to bring. These lawsuits are complex and have several layers. There are administrative challenges and special procedures that must be followed when suing a governmental entity or its officers. In addition, these governmental entities and their officials have unlimited funds for defending these lawsuit and teams of attorneys who specialize in defending them. As a result, most attorneys are not up for the challenge and do not have the moxie to take on these cases.
The attorneys at the Piccuta Law Group, LLP have experience with police brutality and excessive force lawsuits. We are familiar with the governmental hurdles and challenges these lawsuits create. We do not shy away from them. Instead we meet the challenge head on and fight for the rights of our clients. If you believe you are a victim of police brutality or have experienced the use of excessive force by a law enforcement official, contact the Piccuta Law Group, LLP today. One of our attorneys will meet with you in person and provide a free case consultation.