What Is Police Brutality?

Police Police Brutality Brutality O Police Brutalit Police Brut Brutal PPolice POLICE Brutality Police Police Brutality Police Brutality Brutality What is POLICE BRUTALITY? Police brutality, or excessive force, violates the 4th amendment of the U.S. Section 1983 allows a person to file a civil lawsuit to recover money damages for injuries or death as a result of police excessive force, also known as police brutality. III Constitution which prohibits unreasonable seizure. A victim of excessive force can file a lawsuit against the police officer in Civil court for violating the victim's 4th amendment rights under a federal statue known as "Section 1983" which is part of the Civil Rights Act of 1871. How do the courts determine what is police excessive force? Police officers are allowed to use reasonable force in order to make an arrest or defend themselves from harm. What is reasonable? The court will usually tell the jury to consider what the officer believed was reasonable given what the officer knew at the time he used force to arrest the person. If a person acts violently or threatening toward a police officer, it is reasonable for an officer to use greater force in arresting that person. If an officer reasonably believes he is under threat of death or grave bodily harm, it is more reasonable for an officer to use deadly force to arrest the person or protect his or herself. For example: If a person is fleeing from the police and has not demonstrated that he is violent or carrying a weapon, it WOULD NOT be reasonable for an officer to use deadly force against that person. If a person is not fleeing the police, but walking towards the police in a threatening manner with a weapon, it WOULD be reasonable for an officer to use deadly force to arrest the person or defend himself. In general, in most courts there is a presumption that the officer acted reasonably, and the officer is given wide latitude by courts in how the court defines "reasonable" behavior. Can I sue the police? Filing a lawsuit against a police officer often requires a greater burden of proof for the plaintiff than in traditional personal injury cases. Also, many local governments enjoy governmental immunity and cannot be sued for excessive force unless the police behavior is particularly egregious or malicious. To find out more about police brutality, or speak with an experienced attorney, call Minick Law today for a free initial consultation. 828.333.5024 [email protected] wwW.MINICKLAW.COM olice rutality