Have You Fallen Victim to the Use of Excessive Physical Force by a Law Enforcement Officer?
Police Brutality Orange County
When arresting, detaining, or apprehending an individual, a police officer does not have the authority to use force unless it is absolutely necessary. Use of excessive force by a police officer violates a victim’s civil rights and is grounds for a police brutality claim. Learn more about your rights as a victim of police brutality, and contact the Orange County office of Jeff Roberts to schedule a consultation. Our firm may be able to help you recover financial compensation for your pain and suffering.
What is police brutality?
Police brutality is the use of excessive and unnecessary physical force by a police officer. Instances of police brutality commonly occur in situations when an individual has been seized. When an individual is seized by a police officer, it means that the officer has physically restrained the movement of the individual. The officer can accomplish a seizure by the use of reasonable physical force. What is deemed to be reasonable varies from case to case, and must be determined by looking at the specific facts of each incident.
Instances of police brutality must be analyzed on a case-by-case basis. The facts of each situation are unique and every detail must be accounted for. The biggest issue in the case is whether the use of physical force by the officer was unreasonable. Some general questions used to resolve this issue include:
- What was the severity/nature of the crime at issue?
- Did the individual pose an immediate threat to the safety of the officer or others?
- Was the individual actively resisting arrest or attempting to evade arrest?
When is the use of excessive force likely to occur?
When attempting to arrest or detain an individual, an officer has the power to use some degree of reasonable physical force. Given this authority, it is not surprising that most instances of police brutality occur in connection with the physical restraint of an individual. Common methods of physical restraint are the use of:
- Police batons
- Pepper spray
- Choke holds/ kicks/take-downs
If you feel you’ve been the victim of police brutality, please contact the Orange County office of Jeff Roberts to schedule a consultation.
When does the use of force become unreasonable?
As stated above, whether an officer’s use of force is reasonable will vary from case to case. That is why it is important to discuss the specific facts of your case with an attorney. Typically, the use of force becomes unreasonable when the officer continues to use physical force after the person has been restrained. In other words, once the need for force has ended, the use of force must also end.
The use of force is unreasonable when it results in physical injury to the individual. Typical injuries include:
- Skull fractures
- Broken bones
- Facial injuries
Police Brutality Claims
According to recent studies, there have been thousands of instances of police brutality. However, many of these instances go unreported due to fear of reprisal. If you were physically injured by a police officer when being arrested, detained, or apprehended, you may be able to hold the officer accountable for his or her misconduct.
Contact The Roberts Law Firm
Seeking the help of an experienced attorney is important. With over 13 years of experience in personal injury and civil rights litigation, attorney Jeff Roberts can help resolve your case and get you the compensation and justice you deserve. Please contact our Orange County office today to speak with Mr. Roberts about your police brutality claim.