Excessive force occurs when a law enforcement officer uses more physical force than necessary to manage a situation or subdue a suspect. While officers are permitted to use force to protect themselves, others, or to control a dangerous situation, that force must be proportional to the threat posed. When law enforcement exceeds this standard, their actions can violate the individual's constitutional rights and lead to serious harm or even death.

Legal Standards

Under the Fourth Amendment, citizens are protected from unreasonable searches and seizures, which includes protection from excessive force by police. Courts typically assess whether the use of force was “reasonable” given the specific circumstances. To make this determination, courts consider factors such as:

• The severity of the crime the suspect is accused of.
• Whether the suspect poses an immediate threat to the safety of officers or others.
• Whether the suspect is actively resisting arrest or attempting to flee.

This standard of reasonableness is based on what an objective officer would have done in the same situation, meaning the actions are judged from the perspective of an officer on the scene, not with hindsight.

Common Scenarios

Excessive force can occur in a variety of situations, but some common examples include:

• Unnecessary use of tasers or other non-lethal weapons, especially when the suspect is not resisting or posing an immediate threat.
• Beatings or physical abuse after a suspect has already been restrained or subdued.
• The use of deadly force (e.g., firearms) in situations where it was not justified, such as against unarmed suspects who were not posing a direct threat to anyone’s life.

Legal Rights of Victims of Excessive Force

Constitutional Protections

The Fourth Amendment to the U.S. Constitution provides critical protections against unreasonable searches and seizures, which extend to safeguarding individuals from excessive force by law enforcement officers. This means that when officers use more force than necessary to arrest or detain a person, they violate that person’s Fourth Amendment rights. These protections apply in situations where force was not proportionate to the perceived threat or where less severe means could have been used to achieve the same result.

For victims of excessive force, the Fourth Amendment offers a legal basis to seek justice, allowing them to hold law enforcement accountable for violating their civil liberties.

Civil Rights Laws

Victims of excessive force also have recourse under federal civil rights laws, particularly through Section 1983 of the U.S. Code. Section 1983 allows individuals to file civil lawsuits against government officials, including police officers, when their constitutional rights have been violated. In excessive force cases, this means victims can sue officers and the police department for damages caused by the abuse.

Under Section 1983, victims can seek compensation for physical injuries, emotional distress, and financial losses resulting from the incident. In some cases, punitive damages may also be awarded to punish particularly egregious misconduct by law enforcement.

State Laws

In addition to federal protections, Michigan state laws provide further avenues for victims of excessive force to seek justice. Michigan’s laws allow individuals to file personal injury claims against officers and police departments when excessive force results in harm. This includes potential claims for assault and battery, false arrest, or wrongful death in cases where excessive force leads to fatal outcomes.

Victims of excessive force in Michigan may also be able to pursue civil rights claims under the Elliott-Larsen Civil Rights Act, which prohibits discrimination and protects individuals from harassment or abuse by public officials, including law enforcement.

The Legal Consequences for Law Enforcement

Civil Lawsuits

Victims of excessive force have the right to file civil lawsuits against the police officers involved and the law enforcement agencies that employ them. These lawsuits, typically brought under Section 1983, aim to hold officers accountable for violating constitutional rights, specifically the Fourth Amendment's protection against unreasonable seizures.

Through civil litigation, victims can seek compensation for:

• Medical expenses related to injuries.
• Lost wages if the victim is unable to work due to the injuries.
• Pain and suffering from the physical and emotional trauma of the incident.
• Punitive damages in cases where the officer's actions were particularly reckless or malicious, designed to punish the wrongdoer and deter similar conduct in the future.

Criminal Charges

In cases where the use of excessive force results in serious injury or death, the officer involved may face criminal charges. This can include charges such as assault, manslaughter, or murder, depending on the circumstances of the incident. Criminal prosecutions for excessive force can be initiated at both the state and federal levels, with federal charges often involving violations of civil rights.

Officers convicted of criminal charges may face severe penalties, including imprisonment, fines, and a permanent criminal record. While criminal charges against officers can be rare, particularly in high-profile or fatal cases, they represent a crucial part of the legal system's effort to address and deter police misconduct.

Internal Investigations

Beyond civil and criminal consequences, police departments often conduct their own internal investigations into allegations of excessive force. These investigations are usually carried out by internal affairs divisions or other oversight bodies within the department. During the investigation, the officer involved may be placed on administrative leave or suspended from duty.

If the investigation finds that the officer violated departmental policies or engaged in misconduct, the officer may face:

• Suspension without pay.
• Demotion or reassignment.
• Termination from the department.

Additionally, departments may mandate retraining or counseling to address the improper use of force and prevent future incidents. Internal investigations are vital for maintaining public trust in law enforcement, ensuring that departments hold officers accountable for their actions and take steps to correct improper behavior.

Proving Excessive Force in Court

Gathering Evidence

To successfully prove excessive force in court, the first critical step is to gather strong evidence that supports the claim. This evidence helps demonstrate how the officer’s actions were disproportionate and harmful. Key forms of evidence include:

• Witness statements: Eyewitness accounts can provide powerful testimony regarding the behavior of the officer and the circumstances leading to the use of force.
• Video footage: Footage from body cameras, dashcams, or even bystander videos can be crucial in establishing what happened during the incident. These recordings often provide clear visual evidence of the officer’s actions and the severity of the force used.
• Medical records: Documentation of injuries sustained during the incident is essential to demonstrate the harm caused by the excessive force. Medical records can also show the long-term impact of the injuries on the victim’s health and quality of life.
• Police reports: Official reports from the police department can offer insight into the officer’s account of the incident. However, discrepancies between the report and other evidence, such as video footage, can help challenge the officer’s version of events.

The Role of Expert Testimony

In many excessive force cases, expert testimony plays a pivotal role in determining whether the officer’s actions were reasonable under the circumstances. Experts who specialize in use-of-force assessments can analyze the situation, compare it to standard law enforcement procedures, and offer an opinion on whether the force used was justified.

These experts can:

• Evaluate the officer’s behavior: By reviewing video footage, police reports, and witness statements, an expert can determine if the level of force was appropriate based on the suspect's behavior and the threat level posed.
• Assess industry standards: Use-of-force experts are often well-versed in law enforcement training and protocols, making them qualified to testify about whether the officer followed standard procedures or deviated from acceptable practices.

Burden of Proof

In civil lawsuits involving excessive force, the burden of proof rests on the victim. The victim must show, by a preponderance of the evidence, that the officer’s use of force was excessive and caused the injury. This means that the evidence must indicate that it is more likely than not that the officer’s actions were unreasonable.

Key elements that must be proven include:

• The officer used more force than necessary given the circumstances.
• The excessive force directly caused the victim’s injuries.
• The victim was acting in a way that did not justify the level of force applied.

While the burden of proof in civil cases is lower than in criminal cases (which require proof beyond a reasonable doubt), it is still critical for victims to present compelling evidence to demonstrate that their constitutional rights were violated by the excessive use of force.

Compensation for Victims of Excessive Force

Types of Damages

Victims of excessive force may be entitled to several types of compensation, depending on the severity of their injuries and the impact of the incident. These damages include:

• Medical expenses: Victims can recover compensation for the cost of medical treatments, including emergency care, hospital stays, surgeries, medications, rehabilitation, and any ongoing medical needs resulting from the injury.
• Lost wages: If the injuries sustained from the excessive force prevent the victim from working, they can seek damages for lost wages during their recovery period. In cases of permanent disability, victims may also be entitled to compensation for future lost earning capacity.
• Emotional distress: Excessive force incidents often lead to psychological trauma such as anxiety, depression, or post-traumatic stress disorder (PTSD). Victims can pursue compensation for this emotional suffering.
• Pain and suffering: This form of compensation accounts for the physical and emotional pain endured as a result of the excessive force. It aims to address the non-economic impact the incident has on the victim’s quality of life.
• Punitive damages: In cases where the officer’s actions were especially reckless or malicious, punitive damages may be awarded. These damages are intended to punish the wrongdoer and deter similar conduct in the future.

The Role of Settlements

In many excessive force cases, rather than going to trial, the matter is resolved through a settlement. A settlement occurs when both parties agree to a negotiated resolution, in which the victim is compensated without the need for a lengthy and costly court process. Settlements are often favored because they provide a faster resolution and allow victims to avoid the emotional strain of a trial.

An experienced attorney plays a critical role in the settlement negotiation process, ensuring that the victim receives a fair and just amount that reflects the full extent of their damages. Attorneys can advocate on behalf of the victim to reach a settlement that adequately compensates them for their injuries and losses, while also holding the responsible parties accountable.

Filing Deadlines

Victims of excessive force in Michigan must be mindful of the statute of limitations, which refers to the legal deadline for filing a claim. In Michigan, the statute of limitations for filing a civil rights claim, including excessive force cases, is generally three years from the date of the incident. However, if the claim is being pursued under federal law, such as a Section 1983 claim, different time limits may apply.

Acting quickly is essential to preserving your legal rights. If the statute of limitations expires, victims lose their ability to file a lawsuit and seek compensation. For this reason, it’s important to consult an attorney as soon as possible to begin building a strong case and avoid missing critical deadlines.

How Marko Law Can Help

If you or someone you know has experienced excessive force and needs legal representation, Marko Law is here to help. Our firm has a proven track record of success in handling civil rights cases, with a strong focus on holding law enforcement accountable for misconduct. We are dedicated to seeking justice for victims of police brutality and ensuring they receive the compensation they deserve.

If you’ve been the victim of excessive force, Marko Law is here to fight for your rights. Contact us today for a free consultation, and let our experienced attorneys help you seek the justice and compensation you deserve.

Contact Information:

Phone: 1-833-MARKO-LAW or 1-313-777-7LAW
Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
Website: www.markolaw.com