The police may sometimes use force if needed to protect and serve, but too often, officers apply unnecessary or disproportionate force on civilians. And when law enforcers abuse their authority, the resulting physical and emotional harm can be immense. Many civilians have suffered serious injuries and psychological distress due to their encounter with abusive officers.
Here at Libra Law Firm, our Newport Beach excessive force lawyers have witnessed the devastating impact of police misconduct on individuals and families. If you or a loved one has been a victim of excessive force by law enforcement, know that you have rights, and Libra Law Firm is here to fight for justice on your behalf. Reach out to us for a confidential and free consultation. Call Libra Law today at (888) 565-3214.
Understanding Excessive Force
Excessive force refers to the unjustified or unreasonable use of force by law enforcement officers during an arrest, investigatory stop, or other seizure. These are some examples of excessive force by law enforcers:
- Maltreatment by beatings (punching, kicking, or hitting with batons)
- Chokeholds
- Shooting or other use of firearms
- Misuse of pepper spray
- Misuse of tasers
- Excessively tight handcuffs
- Prolonged confinement
- Inhumane confinement conditions.
The law recognizes that police officers may sometimes need to use force to carry out their duties effectively and safely. However, this force must be reasonable and proportional to the situation at hand. When officers cross the line and use excessive or unnecessary force, they violate the constitutional rights of the individuals they are sworn to protect. Officers who do so can be held accountable for their actions.
Victims of excessive police force may file civil lawsuits for unprovoked force. If successful, an excessive force claim can compensate the victim for the physical, financial, and emotional harm they suffered.
The Consequences of Excessive Force
The consequences of excessive force can be severe and long-lasting. Victims may suffer from physical injuries such as:
- Bruises
- Lacerations
- Broken bones
- Traumatic brain injuries
- Disfigurement
- Death.
The emotional toll can be equally devastating, with many victims experiencing post-traumatic stress disorder (PTSD), anxiety, depression, and a loss of trust in law enforcement.
Beyond the personal impact, excessive force cases can also have broader societal implications. They can erode public trust in law enforcement, exacerbate tensions between communities and the police, and undermine the principles of justice and equal protection under the law.
Your Rights as a Victim of Police Brutality via Excessive Force
If you have been a victim of excessive force by law enforcement, it is crucial to understand your rights. The Fourth Amendment of the US Constitution protects individuals from unreasonable searches and seizures, including the use of excessive force during an arrest or detention.
As a victim, you have the right to seek compensation for the harm you suffered. You can achieve this through a civil rights lawsuit against the law enforcement agency and the individual officers involved. Your potential compensation may cover your various losses such as:
- Medical bills
- Lost wages from missed work
- Lost earning potential due to disability
- Pain and suffering
- Mental or emotional distress.
At Libra Law Firm, our Newport Beach excessive force lawyers are dedicated to protecting your rights and ensuring that you receive the justice and compensation you deserve. We have in-depth experience handling excessive force cases and are committed to holding law enforcement accountable for their actions.
Our Approach to Police Misconduct and Excessive Force Cases
When you choose Libra Law Firm to represent you in an excessive force case, you can expect a comprehensive and personalized approach. We’re comprehensive because we leave no stone unturned in investigating your incident, collecting evidence, and determining its full impact on your life. And with our personalized approach, we examine the specific circumstances around your case and create a tailored strategy for the best chance of success.
Our attorneys and staff at Libra Law are unafraid to stand up to abusive public entities, even if they’re employed in:
- The local police department
- The sheriff’s office
- California Highway Patrol
- Other law enforcement offices.
Our process begins with a thorough investigation of the incident. We will gather all available evidence, including witness statements, police reports, medical records, and any video footage that may exist. Our team of investigators and experts will meticulously analyze the evidence to build a strong case on your behalf.
Throughout the legal process, we will keep you informed and involved every step of the way. We believe in open communication and transparency, ensuring that you understand your rights and the potential outcomes of your case.
Our goal is not only to secure fair compensation for your damages but also to hold the responsible parties accountable and promote positive change within law enforcement agencies. We believe that by holding officers and agencies responsible for their actions, we can help prevent future instances of excessive force and promote a culture of accountability and respect for civil rights.
Frequently Asked Questions (FAQs)
What constitutes excessive force by law enforcement?
Excessive force by law enforcement refers to the use of unreasonable or unjustified physical force during an arrest, stop, or seizure. This can include physical violence such as punching, kicking, or using batons, tasers, or firearms in situations where such force is not warranted. It can also involve the use of excessive restraints, such as tight handcuffs or prolonged confinement in uncomfortable positions. The key factor is whether the force used was reasonable and proportional to the situation at hand.
Can I file a lawsuit against the police for excessive force even if I was arrested or charged with a crime?
Yes, you can file a civil rights lawsuit against law enforcement for excessive force, even if you were arrested or charged with a crime. The excessive force claim is separate from any criminal charges you may be facing.
Can I file an excessive force lawsuit if the criminal charges against me were dismissed or if I was acquitted?
Yes, you can still file a civil rights lawsuit for excessive force even if the criminal charges against you were dismissed or if you were acquitted. The standard of proof in a civil case is lower than in a criminal case, and the excessive force claim is separate from any criminal charges you may have faced.
What damages can I recover in an excessive force case?
In an excessive force case, you may be entitled to receive compensatory damages for your physical injuries, emotional distress, pain and suffering, lost wages, and medical expenses. In some cases, you may also receive an award for punitive damages. These are designed to punish the responsible parties for egregious conduct and deter future instances of excessive force.
How long do I have to file an Newport Beach police excessive force lawsuit?
The statute of limitations (the time limit for filing a lawsuit) for excessive force cases varies depending on the specific circumstances and jurisdiction. For a California state-level claim, you must first file a “notice of claim” (also known as a “tort claim”) with the law enforcement office within six months of the incident. If the department rejects this claim, you’ll have another six months to file the actual lawsuit.
If your case falls under federal law, the time limit to file suit is two years from the date of incident.
The applicable statutes in your police brutality case can be complicated. It’s essential to consult with an experienced excessive force lawyer as soon as possible to ensure that you do not miss any critical deadlines.
Do I need to file a complaint with the police department before filing a lawsuit?
In California, a departmental complaint is not necessary before suing a police officer or department. However, you must file a tort claim (also known as a notice of claim) within six months of the incident. This is because law enforcers are government entities and have some degree of immunity from injury lawsuits. Your notice of claim is necessary to notify the government of your intent to sue and to preserve your right to file a lawsuit.
Please don’t hesitate to speak to us at Libra Law Firm if you need help filing a tort claim or would like to have legal guidance as you navigate this process.
How can an Newport Beach excessive force lawyer help me?
An experienced Newport Beach excessive force lawyer can provide invaluable assistance in navigating the complex legal process of filing a civil rights lawsuit against law enforcement. They can investigate the incident, gather evidence, interview witnesses, and build a strong case on your behalf. They can also represent you in court, negotiate with the opposing parties, and ensure that your rights are protected throughout the legal process.
How much does it cost to hire an Newport Beach police excessive force lawyer?
At Libra Law Firm, we understand that the financial burden of an excessive force incident can be significant. That’s why we work on a contingency fee system, which means you don’t pay any out-of-pocket fees or costs. Our fees are only paid if we successfully recover compensation for you. During your free initial consultation, we can discuss our fee structure and ensure that you understand the costs involved.
What should I do if I witness excessive force by law enforcement?
If you witness excessive force by law enforcement, it’s important to document the incident as best as you can. Take photos or videos (if it’s safe to do so), write down the names and badge numbers of the officers involved, and note any details about the incident, such as the time, location, and circumstances. You can also file a complaint with the relevant authorities and consider contacting an excessive force lawyer to discuss your options.
Can I file an excessive force lawsuit against individual officers or just the police department?
In an excessive force case, you can potentially file a lawsuit against both the individual officers involved and the police department or agency they work for. This is known as a “Monell claim,” which holds the agency responsible for failing to properly train, supervise, or discipline its officers, leading to their practice of excessive force.
By holding both the individual officers and the agency accountable, you can seek compensation for your damages and also promote systemic change within the law enforcement agency.
Your Newport Beach Excessive Force Lawyer: Fighting for Victims of Police Brutality
Libra Law Firm’s dedicated Newport Beach excessive force lawyers are committed to fighting for the rights of victims of police brutality. We understand the trauma and injustice that excessive force cases represent, and we are here to provide compassionate legal representation and advocacy. If you or a loved one has been a victim of excessive force, don’t hesitate to contact us at (888) 565-3214 for a free and confidential consultation.
