What Is Police Brutality?
Police officers have the responsibility to protect society. It is their duty to enforce the law, not break it. You should be able to trust any police officer and be confident in their abilities and willingness to act appropriately in every situation. Unfortunately, there are times when police officers use bad judgment, exert too much force, or make poor decisions that result in police brutality and even wrongful death.
If you have been a victim of police misconduct, a Michigan police brutality lawyer will advise you of your rights and help you proceed with a lawsuit if it is the right course of action for your circumstances.
Understanding Police Brutality
The Fourth Amendment to the United States Constitution protects private citizens against unreasonably intrusive searches and seizures. The amendment also protects citizens against excessive police force.
Police brutality can come in different sizes and shapes. Some common police brutality cases that our firm handles include:
- Police officers improperly restraining individuals
- Unlawful police pursuits
- False arrests
- Unlawful use of a firearm
- Unlawful police coercion
- Unlawful police interrogation tactics
- Use of excessive physical force against someone (that is, involving police dogs, firearms, physical attacks, Tasers, or sexual assault)
Police officers are permitted to use a reasonable amount of physical force to make an arrest or to defend themselves. However, an officer can only use an amount of force proportionate to what is used against him or her at the time. Whenever an officer crosses the line and injuries result, the victim may take civil action.
The knowledgeable police brutality lawyers at Thurswell Law can review the circumstances and could help you pursue legal action for:
False Arrests
Police officers in Michigan have a right to make a lawful arrest if they have probable cause, along with a warrant (or if some exception to the warrant requirement exists at that time). The officer generally needs probable cause that someone committed a criminal act—and that the accused was the individual who committed it.
If a police officer arrests someone without the necessary probable cause, wrongful imprisonment can result. This could lead to financial perils and other unnecessary consequences. In those cases, the victim of the false arrest may file a civil lawsuit for damages.
Shooting Deaths
Police officers have firearms with them when they are on duty. Although police officers are permitted to use their firearms in some circumstances, they should use these firearms only as a last resort. If a police officer negligently or irresponsibly uses a firearm against someone—and injures or kills that person—the injured victim or the surviving family members who have to live without their loved one may have compensation available to them.
Unlawful Use of Police Tasers
Tasers are usually designed as non-lethal weapons to use against someone for purposes of apprehending or arresting them. However, police Tasers can still result in the victim suffering a catastrophic injury or even an accidental fatality. When officers are not properly trained with regard to proper Taser use—or they use their Tasers excessively—unnecessary injuries and loss of life can occur to victims. An experienced Thurswell police brutality lawyer could file a lawsuit on behalf of the victim for a police assault that arises out of unlawful Taser use.
Injuries Sustained as a Result of Police Brutality
Police brutality can result in the victim sustaining serious personal injuries that are compensable in a civil case. Some of the most common personal injuries that arise in police brutality cases include:
- Minor injuries – Minor physical injuries suffered in police brutality cases typically include cuts and abrasions, soft tissue injuries (such as muscle sprains or strains), and bruising.
- Major injuries – Police brutality cases can also involve more serious injuries, including serious head injuries, spinal cord and paralysis injuries, bone fractures, internal injuries, and in the most serious cases, death.
- Mental anguish – In addition to physical injuries, police brutality could also result in mental anguish and emotional trauma. This trauma could take the form of post-traumatic stress disorder or a future fear of police officers.
Victims of police brutality should act quickly to obtain favorable results. For example, they should preserve all evidence—including video footage evidence related to the attack—for future use. The victim’s attorney may wish to speak with any person who witnessed the attack. Those witnesses could prove important if the police brutality case eventually goes to trial.
Finally, victims of police brutality who suffered injuries should make sure that they receive all necessary medical treatments and obtain all medical records of their injuries—along with the accompanying medical bills. These medical records and bills can prove the nature and extent of the victim’s physical injuries and damages during trial.
The knowledgeable Michigan police brutality and injury attorneys at Thurswell Law can assist you with gathering the evidence necessary to prove your case, filing a lawsuit for police brutality in the court system, and litigating the case on your behalf to a conclusion.
Contact a Michigan Police Brutality Lawyer about Your Case Today
Police brutality cases are difficult to prove and often require witness testimony. Testimony from eyewitnesses at the scene and from the victim can prove especially compelling when it comes to proving fault and damages in these cases.
In police brutality matters, hire a lawyer who has represented victims of police brutality in the past and who has a strong track record of success. When it comes to legal representation in a police brutality case, look no further than the experienced lawyers at Thurswell Law. Our legal team boasts a strong record of favorable settlements and jury verdicts in these cases and is ready to assist you today.
To schedule a free consultation or case evaluation with an experienced police brutality lawyer, please contact us online or call us at (248) 354-2222.
Additional Types of Police Brutality
If you find yourself in a volatile or scary situation that calls for police presence, it’s sometimes hard to know where your rights begin and end and whether or not a police officer’s actions are justified. Bottom line: Police officers are not above the law. They are subject to legal consequences, just like every other member of society. Sadly, some officers abuse their authority and make decisions that lead to serious injuries and even death.
Police brutality examples include:
- using excessive force
- racial profiling
- false arrest.
- wrongful imprisonment
- excessive taser or stun gun use
- sexual assault
- illegal search and seizure
- forced confession
- wrongful shooting
The Growing Problem of Police Brutality
Technology has made it possible for more incidents of police brutality to be caught on video and broadcast on the news or social media. With or without this evidence, police brutality appears to be on the rise, with thousands of cases reported every year. Even without photographic proof of police brutality, someone needs to be held accountable.
It’s easy to be intimidated by law enforcement or to think that you have no rights or recourse when you are hurt by a police officer. Don’t be bullied by titles or uniforms. Police may enforce the law, but they must also abide by the law.
When Police Brutality Affects You
Many cases of police brutality or police misconduct go unreported. But just because an instance of improper conduct is never investigated or the offending officer is never pursued, it doesn’t mean the situation didn’t happen. The consequences for the person who has suffered are often dire and long-lasting, resulting in mental, emotional, physical, and even financial scars.
It’s important to know how police officers are permitted to respond to situations. For example, they may use force, but only if it is appropriate for the situation at hand and the threat posed by the other person. A Michigan police brutality lawyer will let you know what the officer was legally permitted to do and where they violated your rights.
If a police officer is in the wrong and you have suffered, it could be classified as police brutality. If your civil rights have been violated by excessive force, it could be police brutality. If you have been dealt a physical injury or lost a loved one because of police misconduct, it could be police brutality.
Hire a Police Brutality Lawyer in Michigan
If you’re not sure if your complaint qualifies as police brutality, talk to a police brutality lawyer in Michigan. Negligence, intentional injury, and unjustified force are all situations that could be considered brutality, but you won’t know for certain without the help of an experienced police misconduct lawyer.
Your police brutality lawyer will determine if you have a case and, as necessary, carry out an investigation to collect evidence on your behalf. Your situation does not need to be severe to be worthy of a lawsuit. Your suffering is valid regardless of the type of brutality you endured. If you believe you have been a victim of police brutality or police misconduct, contact Thurswell Law at (248) 648-3800 to schedule your free consultation. There are no fees unless we collect. Get the justice you deserve.