What is Excessive Force?
Excessive force is the use of more force than is reasonably necessary to arrest a suspect.How much Force is Reasonable?The amount of force that can be used depends on the circumstances of the arrest. These circumstances can include: - The severity of the alleged crime
- Whether the suspect poses a direct threat
- Whether the suspect is resisting arrest
Many police departments require that officers use the least amount of force necessary to make the arrest. Can I bring an Excessive Force Claim against the Arresting Officer?Yes, if an officer is guilty of using excessive force, he can be prosecuted under both state and federal criminal laws. However, you may have a difficult time winning a suit because: - Unless there is video footage, it will be your story against the officer's story. Police officers generally have more credibility than the people they arrest.
- To bring a suit of excessive force, you have to have suffered a significant injury. Even if you suffered a significant injury, if the officer can establish that the use of force was reasonable, your lawsuit will not succeed.
Should I Hire a Lawyer?If you believe you are the victim of the use of excessive force, you should speak to a lawyer immediately to learn more about your rights, your defenses and the complicated legal system. |
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