No one old enough to witness video of the Rodney King beating can forget it. Sadly, I have seen similar injuries to clients caused by police. While clients often brought these injuries to me as potential police brutality cases, only a percentage of them ultimately ended up as viable claims. What is police brutality? Why aren’t all injuries caused by law enforcement officers considered police brutality? Clients frequently ask these questions, so I have written the following blog post, to provide an overview of Mississippi law regarding police brutality. If you or a loved one was injured at the hands of law enforcement, you will need to have experienced counsel help you attain your fair share of compensation for your injury, damages, and recovery. Barrett Law has the experience to help you—contact us now at (800) 707-9577.
Police Brutality in Mississippi
Legally, police have the right to use the force necessary to subdue a person during the course of an arrest. The force must generally be proportionate to the offense, meaning that a police officer cannot use deadly force to subdue a person who does not pose a threat of public harm. But police officers can use tremendous, pain-inducing, and debilitating force in the course of an arrest if they view it as necessary. The U.S. Constitution’s Fourth Amendment prohibits “unreasonable seizures,” meaning that the level of force used in the arrest must not unreasonably exceed what was necessary to make the arrest.
Unfortunately, the law regarding police brutality is highly subjective. A police officer does not know whether a person is going to fight back during an arrest or whether he or she is armed. Accordingly, jurors usually find that any level of force that subdues the subject is reasonable. There are limits, however. Once a suspect is subdued, law enforcement officers cannot cause them further pain. Torture is clearly unreasonable under the Fourth Amendment. Recent examples of this sort of abuse are “rough rides” given to handcuffed defendants in New York City who were then driven erratically in the back of a van and were unable to prevent themselves from being tossed against the van’s hard sides.
Similarly, if police violence is motivated by racial or ethnic bias, it is also a violation of the arrestee’s constitutional rights. If a police officer uses racial epithets during an arrest or makes other demeaning comments, then you may have a strong claim for police misconduct.
What Should You Do if You are Arrested?
I always tell my clients the same things regarding arrests. First, do not resist arrest, even if you feel that the detention or its basis are illegal. If you resist, you may be justifying whatever violence ensues. Second, record your arrest. There is no legal basis to prevent you from recording your arrest. In this era of smartphones, every arrestee should document their arrest so that there is no subsequent confusion about whether there was justification for the force employed by the police. Encourage family, friends, and those nearby to record the arrest as well. Everyone enjoys a First Amendment right to record arrests. Immediately following your arrest, contact a personal injury attorney.
What Should You Do If You or a Loved One Has Been Injured as a Result of Police Brutality?
Police brutality can result in serious lifetime injuries and trauma. If you were injured as a result of police brutality, you will need the assistance of an experienced personal injury attorney to gather evidence from the scene, attain information regarding the officer’s discipline record, and fight the police union, which always mounts a vigorous defense of its members.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have been injured by law enforcement. Contact us now at (800) 707-9577.