Excessive Use of Force Lawyer California

If you have been the victim of Police, Sheriff, Private Security, or Bouncer, Excessive Use of Force in California, you may be entitled to substantial compensation. Call us at 800-816-1529.

Attorneys for Police and Security Guard Excessive Force

Police excessive force occurs when law enforcement officers use unreasonable or unnecessary force against a person, or when they exceed their legal authority by using force for an improper purpose. The use of excessive force is an example of police misconduct. People’s constitutional rights are violated when the police use excessive force, which can result in serious injuries or death.

Excessive force may result from officers’ use of unreasonable or unnecessary force, such as with police weapons (batons, Tasers, ‘less-lethal’ munitions, dogs, pepper spray, etc.), tactics (fighting, control holds, handcuffing, prone restraint, pursuits, etc.), and, of course, gunshots.

The prevalence of police body cameras, surveillance video cameras, and cell phone videos has increased the frequency with which excessive force is observed. However, The Law Offices of Norman Gregory Fernandez & Associates’ excessive force attorneys do not need video to win their excessive force cases. We have won cases involving excessive force for decades.

The excessive force attorneys at The Law Offices of Norman Gregory Fernandez & Associates are leaders in this field, representing numerous victims (including other law enforcement officers who have been injured by police misconduct) and instructing the country’s next generation of civil rights attorneys.

In certain circumstances, our society gives law enforcement officers immense authority to restrict liberty, use force, and even take life. We honor law enforcement officers who serve our community with impartiality and competence. We will also continue to hold accountable officers who abuse their authority by using excessive force or unlawfully injuring others.

Contact a California Excessive Force Lawyer, 800-816-1529.

Contact us today for a free consultation with an experienced excessive force attorney based in California. We handle cases across the state of California.

California Excessive Force by Law Enforcement Statistics

Excessive force, also referred to as police brutality, is a form of police misconduct. When attempting to defuse a situation, make an arrest, or protect themselves or others, officers are only permitted to use the minimum amount of force necessary. They apply in situations where the use of lethal force is unjustified, as well as when the excessive use of force results in serious injuries or death due to actions like chokeholds, rubber bullets, and baton blows, among others.

Any action or procedure that exceeds a law enforcement officer’s established limits of force against a civilian during an arrest, probation, parole, or other related duties may constitute excessive use of force. Typically, the wrongdoings in such situations are motivated by malice and go beyond merely deescalating a conflict or preserving life. For this reason, they can be investigated to determine their responsibilities and restore the affected citizen’s rights.

Causes of Liability

According to the Fourth and Eighth Amendments of the Constitution, citizens should be free from unreasonable searches and seizures, as well as cruel and unusual punishment. According to the Fourth Amendment, you have the right to be free from unreasonable searches and seizures. In addition, the Eighth Amendment outlaws cruel and unusual punishments. The use of deadly force can also violate the victim’s rights under the Fifth and Fourteenth Amendments if the person’s life is taken without due process of law.

The spectrum of use of force dictates that each level of force should be employed based on the threat posed by the suspect, i.e., whether he or she is armed, unarmed, fleeing, or cooperating. The four degrees of force that may be used against a suspect are as follows:

1. Verbalization
2. Control with an empty hand
3. Less lethal methods
4. Deadly force

Only use deadly force when a suspect is unable to be apprehended and poses a high risk to the life or safety of those involved. This demonstrates why the use of lethal force against an unarmed and cooperative suspect is a heinous act of brutality.

However, cases where the injury did not cause death to the suspect can also be considered police brutality.

According to Section 1983 of the United States Code, a civil rights complaint can be filed to seek damages (money) or an injunction (revision of policies and practices in a police institution). Additionally, you can file a complaint with the DOJ (Department of Justice). In addition to a civil complaint, an offending officer could be prosecuted criminally for excessive force.

In both cases, it’s necessary to carefully analyze the circumstances around the situation, such as the severity of the crime, the presence of a threat, degree of compliance, warnings, and the actual handling of the situation by the officer.

Statute of Limitations and Burden of Proof

The burden of proof in civil cases usually falls on the plaintiff, having to prove liability by a “preponderance of the evidence” (meaning “more likely than not”). If the police officer, who is the defendant in this case, asserts a defense of justification, he or she must demonstrate a legal justification for their conduct using the same standard as the victim.

While the treatment of excessive force cases varies from state to state, all states agree that it is not a valid defense for an officer to have used excessive force if the plaintiff is found guilty of the crime for which they were arrested. Consequently, if the plaintiff is found to be innocent, it is more likely that the officer’s use of force was not justified.

A federal lawsuit has a two-year statute of limitations, whereas a state law claim has only six months.

A Change to California’s Law Against Excessive Force

In response to a highly publicized instance of police brutality against an unarmed and compliant youth, the state of California has decided to implement a new police brutality regulation in August 2019.

This law justifies the use of lethal force when it is “necessary” rather than “reasonable.” This means that officers should only use lethal force when absolutely necessary, and only to protect the life and safety of those involved. This reform is anticipated to bring cases of police brutality to light, discourage police abuse, and restore the victims’ civil rights.

Contact a California Excessive Force Lawyer, 800-816-1529.

In general, an excessive force attorney – or “civil rights attorney” – accepts the cases of people who were victims of this type of police misconduct if they have a viable lawsuit against the officer who violated their rights, or even the municipality that employs them.

In the case of severe injuries caused by excessive force, The Law Offices of Norman Gregory Fernandez & Associates may be able to represent you. Our California-based attorneys handle cases involving excessive force, wrongful death, and catastrophic injury on a regular basis. Contact us here for a free consultation in the event of a severe injury.

Victim of Police Aggression?

Learn How Our California Excessive Force Lawyers Can Assist You

Too frequently, individuals are the victims of excessive force by law enforcement officers. This can result in severe injury.

Police are permitted to use force when making an arrest, but only when it is reasonable and proportional to the situation. When this occurs, you need competent legal representation to protect your rights. While it is far too common for police officers to shoot unarmed citizens, we have also witnessed police officers kill without using a weapon.

Also constituting excessive force are tasers, batons, excessively tight handcuffs, and unlawful chokeholds.

Our California excessive force & police brutality attorneys at The Law Offices of Norman Gregory Fernandez & Associates have decades of experience representing victims of excessive force and other forms of police misconduct.

If you have suffered an injury and we accept your case for representation, our team will seek the justice and compensation you are entitled to.

Contact us at 800-816-1529 to receive your free consultation.

Our clients have received millions of dollars.

If you have been the victim of excessive force, you may be able to recover compensation for your injuries through legal action. Our firm is dedicated to the pursuit of justice, and we work diligently to collect the necessary evidence, interview witnesses, and build a solid case on your behalf. Given that law enforcement officials have access to a wealth of resources, you are entitled to have a formidable advocate on your side. We labor diligently to level the playing field.

You may be entitled to compensation for the following situations:

• Medical expenses for your injuries
• Income lost due to your absence from work
• Pain and suffering
• Future costs if injuries prevent you from returning to work

We make it our top priority to represent you and maximize your chances of a positive outcome. You can trust that we will stand by your side, and you will have direct access to your attorney from the very beginning of your case. This affords you the opportunity to receive responses to your inquiries from the individual handling your case. This is the client-focused service you can anticipate from us in Los Angeles, Orange County, San Bernardino County, and the rest of California.

Contact our company at 800-816-1529 immediately.

Excessive use of force by private Security Guards, Loss Prevention Officers, and Bouncers

Our firm has handled many cases against private security guards at malls and stores, store loss prevention officers, and bouncers at bars and nightclubs. The law is a bit different when it comes to private actors as opposed to sworn law enforcement officers, but the bottom line is essentially the same.

Private security is not allowed to use excessive force during stops or detentions. Often times they do use excessive force and cause major injuries or death. If you have been the victim of private security or bouncer excessive use of force, we can help. Give us a call at 800-816-1529.

Get Help Now

The Law offices of Norman Gregory Fernandez & Associates has over 25 years experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. 800-816-1529 extension 1.