A police officer who has violated a person’s constitutional rights can be held legally responsible for their actions. Nearly all lawsuits filed against officers are done due to a violation of the Civil Rights Act of 1871. If a person has been physically attacked by an officer for no valid reason the Fourth Amendment is under violation and a person can take legal action against the officer to get the justice they deserve.
It definitely won’t be easy to win a case against an officer in court, but if a person manages to collect enough pieces of evidence to prove the violation of their constitutional rights then they will most likely be able to win the favor of the court.
It is important to note that police officers can use as much force as they deem necessary to safely remove the suspect from the scene of the crime and to make sure everyone in the area remains safe. The judge will often consider the actions of the officer acceptable if any other person would have reacted in the same way had they been in the officer’s position. However, if the officer acted out of rage and their use of force did not make sense, the judge will most probably see them as guilty. Suing an officer for brutality or the use of excessive force can get very complicated and judges often turn to the jurors to decide whether the officer was guilty or not since the verdict is so specific to the exact circumstances of that one case.
The officer is generally not allowed to use the defense of claiming that they used excessive force because the suspect was guilty of their crime. However, if the suspect can prove they are innocent they will be able to increase their chances of winning the trial.
How will resisting arrest affect my case?
If a person is found guilty of resisting arrest, then officers are automatically given more leeway in the amount of force they can use against the suspect. A person should never resist arrest or physically try to attack an officer no matter how dire and unfair their circumstances are. If a person feels like they need to defend themselves then they should only use defensive maneuvers to protect themselves from getting hurt by the officer, and they should never try to run away or hit the officer back.
Officers are also given more leeway to use force against a person if they have committed a felony as opposed to a misdemeanor crime. However, even for suspects of a felony, it is essential that police officers do not needlessly exceed the amount of harm they cause to the suspect.
Don’t police officers have qualified immunity?
Police officers do have qualified immunity in many states which means they are protected from lawsuits for the most part. However, qualified immunity is generally not applicable to cases of unnecessary and excessive force used by officers on innocent victims.
Anyone who has been hurt by an officer should get in touch with a police brutality lawyer as soon as possible to see whether they are eligible to sue the officer so they can get compensated for the pain and agony they endured.