Getting arrested is an ordeal that can leave you shaken and frightened. Your anxiety and discomfort can also be heightened when police misconduct or even police brutality occurs during an arrest. Police misconduct through the use of excessive force has accounted for several serious and life-threatening injuries among those being placed under arrest. Some arrestees have also lost their lives due to the injuries sustained from the use of excessive force which violates their civil rights.
You may have grounds to file a case against the responsible police department, if you have been a victim of such a civil rights violation. Seeking relief or recourse for harm in excessive force cases takes a fierce advocate and experienced excessive force attorney, such as our team at Cannon & Associates, in order to guide you through excessive force litigation in Oklahoma. Whether you have sustained an injury due to excessive force by the police or you have lost a loved one, read on for more guidance on excessive force cases in Oklahoma.
What Constitutes Excessive Force?
Before taking legal actions against the police for the use of excessive force; first, you need to understand what excessive force means. The Fourth Amendment of the US Constitution offers protection against unreasonable search and seizure in your home, your person, or personal effects. The use of deadly force on you is defined under this Amendment as a seizure and can be counted against the officer of the law. Based on this definition, excessive force is the use of force that exceeds the amount of force that is reasonably required to subdue and arrest a defendant or suspect. The arresting officer may also be accused of using excessive force when an invariable amount of force is used to diffuse a situation, protect him or herself, or protect others from harm.
The use of excessive force has become one of the most common forms of misconducts among the police and can lead to serious injuries. Some of the common injuries sustained by victims of excessive force include head injuries, broken bones, contusions, eye or facial injuries, lacerations, concussions and traumatic brain injuries, chemical burns from the use of pepper spray, wrongful death, or emotional injuries and psychological trauma. Needless to say, the types and level of injuries from excessive forces cases can be severe.
The use of deadly force, including the use of a weapon or firearm, must be confined solely to justifiable instances. As the plaintiff, you must prove the officer in did not use reasonable and appropriate force to arrest the situation. When, there appears to be no justifiable and reasonable reason cause for the excessive use of force, then then the officer is at fault and you may recover damages.
When can a Civil Lawsuit Against the Police Department be Filed?
Victims who have suffered bodily injuries and mental and emotional trauma as a result of the use of excessive force by the police can file a lawsuit against the police department where the harm occurred. The named defendant will be liable for the injuries sustained by the victim when damages are awarded.
When going against the police department and the offending officer, you need experienced Oklahoma excessive force attorneys. Your claim should establish the officer’s duty of care, the breach in duty of care that violated your civil rights, as well as the cause of the injuries and damages you suffered. Establishing these may be key to winning your case.
If you or a loved one has suffered bodily injury or emotional distress due to the use of excessive force by a police officer, contact Cannon & Associates. The attorneys offer fierce legal representation and ensure that you get the best possible outcomes. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.