Texas Injury Attorneys Aggressively Handling Excessive Force Claims
What is Excessive Force?
Police officers are allowed to use force to subdue a suspect or make an arrest if the situation calls for it. Simply because an officer uses force does not mean it automatically rises to the level of excessive. The key question in excessive force claims is whether the police used more force than was necessary given the circumstances. An officer is allowed to use more force if a suspect is resisting than with a suspect who goes into custody quietly and may even use deadly force if someone brandishes a weapon. However, if a police officer utilizes means to subdue or arrest that go beyond what a reasonable person would do in that situation given the specific facts of the case, the officer can be held liable for using excessive force to cause undue injuries.
In many local excessive force lawsuits, police utilized or were shown using the following when pursuing or arresting a person for a suspected crime:
- Pepper spray
- Tasers
- Rubber bullets
- Tear gas
- Police batons
- Handcuffs
- Guns
- Choke holds
- Kicking
- Take downs
Burden of Proof for Excessive Force
While criminal charges may be brought against an officer for the use of excessive force, the victim of this action may also bring a civil lawsuit against the officer who committed the act. Typically, this type of lawsuit is known as a Section 1983 case, where the victim alleges violations of their rights under the Civil Rights Act and Fourth Amendment to the U.S. Constitution.
Unlike criminal cases where the prosecution must prove beyond a reasonable doubt that the force used in the situation was excessive, the victim in a civil case must only prove by a preponderance of evidence that excessive force was used. This means that the court must only be more sure than not that the officer used excessive force to hold them monetarily liable for any damages caused by the incident.
Compensation for Excessive Force
If found liable for the use of excessive force in civil court, an officer must compensate the victim for economic and non-economic damages caused by the attack. Economic damages cover costs for medical bills, lost wages, and any loss of future income or benefits. Non-economic damages include pain and suffering, emotional distress, disability, disfigurement, and any loss of enjoyment of life.
Contact an Austin Excessive Force Attorney Today
If you were the victim of excessive force by a law enforcement officer in the Austin area, speak to one of our experienced police injury attorneys. The Austin excessive force lawyers at our firm are familiar with the procedures and requirements for this kind of civil claim and could be an invaluable ally in your case.
Our lawyers aren't afraid to sue police departments. Contact us at DJC Law to schedule a free consultation and discuss your legal options for civil compensation.