Excessive Force Lawyer in Riverside

There is no legal definition of excessive force, so each claim needs to be carefully examined on a case-by-case basis. This kind of improper conduct can occur in any number of ways, but many examples share common elements.

Excessive force may occur in instances when:

• The victim was shown to be cooperating with police
• The incident was not initially violent
• The police officers contributed to any violent escalation
• The police officers acted violently first
• The police officers acted vindictively
• The victim was clearly not involved with the incident the officers were responding to

Filing a Civil Rights Lawsuit

If you feel you were a victim of excessive force, then you may have a case against the law enforcement agency that hurt you. One potential remedy is to file a civil rights lawsuit under 42 U.S.C. § 1983. This type of lawsuit may be filed against several local or state officials, such as the city or county, the police department, or the officer who allegedly committed the misconduct.

By filing a Section 1983 claim, you may be able to achieve two main objectives, including:

• Monetary damages: The types of monetary damages that may be recovered in a Section 1983 lawsuit include compensatory damages, punitive damages, and presumed damages. To recover any monetary damages, the plaintiff would need to overcome qualified immunity, a defense whereby the police officer claims that they either did not violate the individual's rights or that they did but the right was not clearly established.
• Injunctions: A court-ordered injunction can be put in place to prevent the misconduct from occurring again. An injunction can demand that a police department make substantial changes. This might include revising protocol, retraining officers, and firing offending police officers.