Excessive Force by Law Enforcement Can Have Tragic Results

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.

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Mississippi Accident Lawyers Stress The Importance of Preparing For a Car Accident in Mississippi

Would you know what to do if you were involved in a Mississippi car accident?  Many people have never been in a serious car accident and would prefer not to consider the possibility.  However, a driver who ignores the possibility of being involved in a serious motor vehicle accident has a false sense of security.  Even if you do everything perfectly and exercise extreme caution whenever you are behind the wheel, you can still be involved in a serious car accident resulting from another person or entities negligence.

Some common causes of automobile accidents in Mississippi include reckless driving, speeding, DUI, talking or texting on a cell phone, mechanical defects, road conditions and adverse weather.  Although a conscientious and responsible driver can reduce his or her risk of being involved in a serious car accident, there are circumstances beyond one’s control that can result in serious injury in an auto accident.  If you are prepared for a car accident, it can have a significant impact on your ability to obtain compensation for your injuries.  We have provided some basic guidelines for being prepared for a Mississippi car accident, which can help you protect your right to compensation if you suffer serious injury or lose a loved one.

Three Things Every Driver Should Keep in Their Car at All Times

  • Disposable Camera: This very inexpensive item can be invaluable if you are involved in a car accident.  It can be used to take pictures that may preserve critical evidence regarding the accident scene, damage to the vehicles, the surrounding area and any visible signs of injury.  It is advisable to take pictures from every conceivable angle because this will help an accident reconstruction expert understand and explain the cause of the accident as well as determine potential liable parties.
  • Notepad:  If you are involved in an accident, you should take notes on information provided by witnesses and record the insurance information from the other driver.  It is also important to take notes on your recollection regarding how the accident occurred.  Many people are shaken and emotional immediately following a car accident so it can be hard to remember the details later if you do not take notes.
  • Insurance information: You will need to provide this to the police as proof of insurance and to the other driver when exchanging information following a serious car accident.  It is important to ensure that this information is current and your insurance policy has not lapsed.  If you are involved in a serious car accident and do not have insurance in place, it can have serious adverse consequences if you are involved in a motor vehicle accident.

If you are suddenly involved in a car accident you should immediately take the following steps:

  • Immediately call 911
  • Check to see if anyone is injured and assist where possible
  • Exchange information with the other driver including name, address, telephone number and name of insurance company
  • Cooperate with the police
  • Talk to witnesses and write down their names and addresses along with any information concerning the accident while it is still fresh in the witness memory
  • Do not make any statements admitting liability or responsibility
  • Call your insurance company and give them a detailed report
  • See a doctor even if you feel like you are uninjured as not all car injuries are apparent right away
  • Get a copy of the police report

After the accident has taken place and you have received the police report, you should contact an experienced Mississippi accident attorney.  The initial consultation will not cost you anything, and the information you will receive will be priceless, especially if you suffered injuries.  An experienced Mississippi car accident attorney will gather and preserve evidence and deal with any insurance companies.  Insurance companies will do their best to get you to settle quickly without the assistance of an attorney.  This will only benefit the insurance company and not you because it will typically mean settling an auto accident injury claim before you are aware of the full extent of your injuries or have obtained legal advice.  If you have been seriously injured or have lost a loved one in a Mississippi car accident, you should call our Mississippi accident lawyers.

Barrett Law, PLLC will take every step possible to help you obtain maximum recovery as compensation for your lost wages, medical expenses, pain and suffering, diminished enjoyment of life and other damages resulting from the Mississippi car accident.  You have the right to receive the proper compensation and benefits you deserve. We have been representing those throughout Mississippi involved in car accidents for over 75 years so contact us immediately at (662) 834-2376 to learn how we can help.

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