Seattle is in the news this month and not because of some philanthropic effort by Bill Gates. The Department of Justice is looking into the Seattle Police Department for a pattern of excessive use of force and discrimination against minorities. There have been a few high profile incidents that have spurred this investigation. About a year ago, a Seattle police detective was videotaped kicking a Latino robbery suspect all while telling him that he would beat the “Mexican piss” out of him. In another case, a police officer was videotaped punching a 17-year-old African American girl who was arguing with him about arresting her friend for jaywalking. In yet another incident, police shot a Native American woodcarver after he didn’t drop his carving knife. The Seattle Police Chief says they have nothing to hide and is not at all worried about the investigation.
Police officers are expected to do their job and violence is definitely part of their everyday existence. However, officers in the line of duty are limited in the amount of force they may use and under what circumstances they may use such force. Sometimes the lines get blurred, and these boundaries are violated.
Every year there are over 500,000 reports of police abuse filed by victims of police brutality. Settlements and judgements for police misconduct amount to over $100 million each year. If you have been the victim of police brutality, the Federal Civil Rights Act may provide legal remedies and permit you to file a lawsuit against the government when a law enforcement officer injures you by means of excessive force.
What is Excessive Force?
Excessive force may take different forms and arise out of a great number of situations including the following:
- Inappropriate use of a firearm
- Overly aggressive use of force during arrest given all the circumstances
- Excessive force while a person is detained or in custody
- Overzealous use of weapons including tasers or batons
- Assault and battery
- False imprisonment
By way of example, there was an incident of excessive force being used by campus police against a student on the UCLA campus when police repeatedly stunned the student with a taser gun for not producing his student ID and leaving the library promptly enough. The student was studying in the library and was asked to produce his ID, which he did not have with him. The officers then tasered the student repeatedly when he apparently did not leave the library fast enough. Other students with their cell phones captured the incident on video. The student filed a lawsuit alleging that UCLA and its police department violated his civil rights.
Challenges in Building a Case
It can be very challenging to establish a claim for police brutality. Many times the witnesses to an incident of excessive force by police will be other officers who may be hesitant to provide information that might be damaging to a fellow law enforcement officer. Experienced attorneys have investigators with the knowledge and experience to assist you in coping with these obstacles to the discovery of evidence in cases of police brutality. If you have experienced any form of police brutality, it is important for you to contact an experienced Mississippi personal injury attorney to review your rights and remedies.
Issues Involving Immunity
Another challenge for personal injury lawsuits for injuries caused by excessive force is that the police officers have qualified immunity for acts committed in the course of their duties if the officer is acting within the scope of his discretionary authority. Even a police officer that shoots or kills someone may be found to have acted with reasonable force. The defense of qualified immunity is usually supported by having a law enforcement officer testify that the use of force was reasonable and that the officer who is testifying would have used similar force in the same or similar situation.
Protecting Your Rights & Preventing Police Misconduct
While acts of violence against innocent victims are always tragic, unjustified acts of violence committed under the color of law are even more troubling. Law enforcement officers are authorized to use force, which means they have an even greater obligation to exercise judgement and discretion in using this power. Most law enforcement officers are conscientious and would not intentionally use excessive force. However, the Seattle incidents reveal that there are exceptions, which can lead to tragic results when a police officer exercises excessive force.
At Barrett Law, PLLC, our personal injury law firm in Mississippi have been representing those who suffer personal injury or wrongful death in Lexington and throughout the state of Mississippi and have roots that date back 75 years. If you have suffered serious personal injury or wrongful death as a result of excessive force by a police officer anywhere in Mississippi, call us today to see how we can help at (662) 834-2376.