Can you sue for excessive force




















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Many people, including some attorneys, are misinformed and believe you cannot sue the police. If your rights have been violated due to police misconduct or excessive force, you may be able to seek legal action against the responsible parties and recover compensation for your damages. Additionally, federal civil rights laws allow victims of police misconduct to sue under 42 U.

In some instances, officers do not follow proper procedure, and in such cases, their violation of standard operating procedures may constitute negligence. For example, if a police officer uses a taser gun on you after putting you in handcuffs and subduing you, then such behavior may not only be clearly unreasonable given the circumstances, but is likely in violation of their standard operating procedures.

Depending on the facts of the case, such violation could give rise to separate claim against the police department. This behavior can sometimes be deadly or cause physical and mental harm to victims of excessive force. The Law Firm of Walter Gabriel seeks justice for victims of police misconduct. We handle cases involving excessive force including, but not limited to:.

The right to petition the government for redress of grievances includes a right to file suit in a court of law. Using an unreasonable amount of force based on the circumstances is a civil tort.

Excessive use of force by a police officer in New Mexico could give an injured victim the right to file a civil lawsuit against the entity responsible for causing the injuries based on personal injury law. In a case of excessive use of force by a police officer, the police department for which the individual officer worked could be vicariously liable for damages as the employer.

You may have grounds to file a personal injury or wrongful death claim against a police department in New Mexico if one of its law enforcement officers committed use of excessive force against you or a loved one during an arrest or another type of official proceeding.

Damages may refer to physical injuries, emotional distress, medical bills, legal fees, lost wages and more. Supreme Court on Thursday expanded the ability of people to sue police for excessive force, ruling in favor of a New Mexico woman who filed a civil rights lawsuit after being shot by officers she had mistaken for carjackers. The court determined that in order to sue for excessive force under the Fourth Amendment, it is not necessary for a plaintiff to have been physically seized by law enforcement.

Three other conservatives justices dissented. The newest justice, conservative Amy Coney Barrett, did not participate because she had not yet joined the court when the case was argued in October.



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