In the midst of the protests over the brutal police killing of George Floyd, another police killing of a black man in the United States has attracted relatively little attention. Tony McDade, 38, was shot and killed by police last week in Tallahassee, Florida. The Tallahassee Police Department reported that police approached a suspect, Mr. McDade, regarding a stabbing incident on May 27th and he was found to be in possession of a handgun. The night before his death, McDade made a video on Facebook, claiming he was attacked by five people and that he would get revenge upon them, while brandishing a gun in that video. Some witnesses cannot positively say he was armed at the scene of his death.  Police have not released the officer’s name due to Marsy’s Law, a Florida amendment that classifies anyone who has allegedly had their life threatened as victims, including police officers and ensures their right to privacy. Witnesses have stated the officer in question was white and a press release from the Tallahassee Police Department stated that he has been placed on administrative leave.

Excessive force police brutality.

Policy brutality occurs most often when officers overstep their prescribed training and policy requirements regarding excessive force use, and act alternately to cause physical harm through beating, taser use, or firearms.  Situations may require the use of force, but excessive force may cause serious injury, and sometimes death as seen in many cases across the United States.

Florida laws on use of force.

The 2018 Florida Statutes Chapter 776 outlines the law on “Justifiable Use of Force” as it pertains to Police Officer activity in Section 776.05, whereby an officer is justified in the use of any force:

  1. Which he or she reasonably believes to be necessary to defend himself or herself or others from bodily harm during an arrest,
  2. When necessarily committed in retaking felons who have escape, or
  3. When necessarily committed in arresting felons fleeing from justice.

 Types of police brutality actions.

Other police brutality actions include false arrest and wrongful imprisonment; wrongful search and seizure activity; sexual harassment; racial and gender discrimination; and general abuse against civilians.

Hire an attorney.

If you, or a loved one has been victimized with any type of police misconduct, immediately contact an experienced police brutality lawyer to review your claim and see if you have a cause for action to recover damages.

Damages.

Damages may include hospital/medical expenses; past and future permanent disability payments; emotional distress including depression and anxiety; loss of enjoyment of life; physical pain and suffering; and loss of love and companionship due to a wrongful death, or serious injury caused by police brutality through excessive use of force. An attorney can assist with the assessment of damages.

 

Sources:

http://www.flsenate.gov/Laws/Statutes/2018/776.05

https://www.justice.gov/crt/addressing-police-misconduct-laws-enforced-department-justice

https://www.usconstitution.net/xconst_Am4.html

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