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The Fourth Amendment protects you from unreasonable seizures—including the use of excessive force by police. When officers use more violence than the situation requires, we hold them accountable.
The Fourth Amendment protects against "unreasonable seizures," which includes the use of excessive force during arrest, investigative stops, or other police encounters. Force becomes "excessive" when it exceeds what is objectively reasonable under the totality of circumstances.
This isn't about whether the officer could have used less force—it's about whether the force used was unreasonable given what the officer knew at the moment.
The Supreme Court's 1989 decision in Graham v. Connor established the framework courts use to evaluate excessive force claims. Three factors are paramount:
Was the suspect committing a serious felony or a minor misdemeanor? More force may be justified to stop a violent crime than a traffic violation.
Did the suspect pose an immediate threat to the officer or others? This is typically the most important factor.
Was the suspect actively resisting arrest or attempting to evade? Passive resistance (going limp) justifies far less force than active combat.
Key Principle: The force analysis is made from the perspective of a "reasonable officer on the scene"—not from the calm perspective of a judge reviewing the case later. Officers must make split-second decisions in tense situations. However, this standard doesn't excuse clearly unreasonable conduct.
Excessive force takes many forms—from empty-hand strikes to deadly force:
Punches, kicks, baton strikes, and other blunt force trauma—especially when suspect is restrained or compliant.
Tasers cause severe pain and can trigger cardiac arrest. Use on non-threatening individuals is frequently excessive.
Airway restriction causing asphyxiation. Many departments have banned chokeholds entirely. Positional asphyxia during prone restraint.
Pepper spray and tear gas deployed in confined spaces, at close range, or against non-resistant individuals.
Police dogs used on surrendering suspects, released for excessive duration, or deployed for minor offenses.
Shooting when no reasonable officer would perceive a deadly threat. Failure to warn before shooting.
Proving excessive force requires comprehensive evidence collection:
Body camera footage, dashcam video, surveillance cameras, cell phone recordings. We file immediate preservation requests.
ER records, photographs of injuries, expert medical opinions on force required to cause documented injuries.
Prior complaints, disciplinary actions, and civil suits. Pattern evidence can overcome qualified immunity.
Department use-of-force policies, training records, and expert testimony on police standards.
Officers who violate constitutional rights must be held accountable. We investigate thoroughly, overcome qualified immunity defenses, and fight for maximum compensation.
No Fee Unless We Win