Excessive Use of Force Cases in California
- If you have already been the victim of excessive use of force in the State of California, we highly recommend that you stop reading right now, and call our law firm for a free telephone consultation at (800) 816-1529, Ext. 1. We will tell you over the telephone if we think that you have a case and whether we can help you.
- If we believe we can help you, and you decide to retain us, we can then send our investigator to you with all of the legal forms necessary for you to retain our law firm.
- If you do not have medical insurance or a medical provider, we can immediately refer you to an appropriate doctor near you for medical treatment. (Yes, even if you do not have medical insurance)
- Yes, this can all be accomplished with one phone call to our law firm. We try to make the process as simple as possible for you.
What is excessive use of Force in California?
In certain circumstances police agencies, security guards, or store merchants, are allowed to restrain you for investigatory purposes, or for arrest, and in some circumstances they are allowed to use reasonable force to do so.
However, and depending upon the person, entity or agency that is using force on you, there is always a legal standard of care as to what force can be used to restrain you under the circumstances.
For instance, a store merchant suspects you of shoplifting cannot have you beat up by their security guards if you are not offering any resistance, or for instance if you did shoplift something, a store owner cannot dropkick you in the parking lot from behind causing you critical injuries, or have a security guard use Jujitsu to choke you to death.
Furthermore, a police officer cannot shoot you if you are not offering any resistance and pose no threat.
Excessive use of force cases are always factually based. In other words each case is different, and whether excessive use of force applies depends on the facts of each case.
In Use of Force cases, whoever is applying the force is only allowed to force that is reasonable under the circumstances.
In other words, each case has to be examined to determine if there’s been a violation of your civil rights, and whether excessive use of force has been used upon you.
If you have been the victim of excessive use of force, you may be entitled to all of your out of pocket expenses, pain and suffering, loss of enjoyment of life, emotional distress, and possibly even punitive or exemplary damages, because the use of force is an intentional act.
If you believe that you have been the victim of an excessive use of force case, we highly recommend that you call us at (800) 816-1529, Ext. 1, so that we can evaluate your case.