What is Police Brutality?
When a police officer or a person who is under the control of the “state”, and uses unreasonable force while acting in his capacity as an officer of the state, it is considered police brutality. We all want to feel protected by the Police, and officers are permitted to use reasonable force to protect themselves and others. The Police however are not permitted to use excessive force. Excessive force is a case-by-case analysis, and will be judged based upon what the officer knew at the time, the environment around the officer, the obstacles the officer is facing, the location and time of day, as well as the officers experiences. The Court will look at the totality of the circumstances, and what a reasonable officer should do in the situation.
So, what type of injury would rise to the level of a police brutality claim? It really depends on the permanency of the injury. But it also depends on the conduct of the officer, and if that conduct was especially egregious. We have handled cases and received settlements for our clients even after the person resists arrest or disrespects the officer and pled guilty to charges. We typically view each case individually and on its own merit. But the typical police brutality case will involve