police brutality lawyers in Pembroke Pines, FL

 

Madison County Florida on Police Brutality.

In the United States in 2018 there were only 23 days where police did not kill someone.  Let that number sink in, that means that police killed someone 342 days in one year.  That is a staggering statistic by all measures, and the question is, how many times were these deaths warranted as a last resort of police action?

The Madison Police Department in Florida is committed to protecting lives and property, promoting peace, and community partnership that will improve the quality of life for all citizens.  Service, partnership, integrity, respect, innovation and trust are the means of accomplishing a strong and safe community.  Police brutality actions go against these core values and Madison County, Florida is working to reduce these actionable offenses of police when they are identified.

Police “Use of Force” polices are being outlined, updated and scrutinized to insure excessive force is a last resort and basic civil rights protections are in place against police violence. These policy reviews are initiated to insure common sense when police need to use force, and include:

  1. Means of de-escalating the situation;
  2. Not using strangle or choke holds that may result in serious injury or death;
  3. Intervene if another officer is using excessive force and report to supervisor;
  4. Restrict shooting at moving vehicles;
  5. Know what weapons should be used in response to resistance;
  6. Deadly force should be used only as a last resort;
  7. Must give verbal warning when possible before shooting a civilian;
  8. Officers should report each time they have made a threat of force or used it.

Police officers are allowed the “use of force” including hands, batons, tasers, or other weapons when necessary, and in accordance with officer training and department policy, to remove the threat of violence by subduing criminals.  However, this broad-based authority given to police to use force while apprehending criminals, utilizing both physical and psychological methods, to deter and reduce crime is based on policy that dictates what is considered “reasonable” force in any given situation and is often subjective to the instance when force is used.  The use of excessive force is a violation of civil rights laws that are in place to protect citizens against arbitrary and negative action that deprives them of their liberty and life pursuits without the due processes of the law.

Excessive force is not the only violation of police brutality: other actions include false arrest and wrongful imprisonment; wrongful search and seizure activity; sexual harassment; racial and gender discrimination; and general abuse against civilians.  Police brutality is an illegal and actionable offense to be remedied by affected persons, when misguided police officers overstep the boundaries of their “allowed use of force” as defined by individual State and local policy based in part, upon the Fourth Amendment of the United States Constitution.

  • Excessive Force – utilizing more physical force than necessary to subdue a criminal causing bodily harm or death.
  • False Arrest and Wrongful Imprisonment – unlawful restraint of a person’s freedom of movement by another acting in perceived accordance with the law.
  • Wrongful Search and Seizure Activity – protection from “unreasonable searches and seizures” notwithstanding probable cause enabling a search warrant.
  • Racial and Gender Discrimination – bias-based policing is the intentional practice by an individual law enforcement officer who incorporates prejudicial judgments based on race, ethnicity, gender, sexual orientation, economic status, religious beliefs, or age that are inappropriately applied in the performance of his/her duties.

If you identify with any of the listed forms of police brutality, talk to a Civil Rights legal professional who might be able to help you manage your 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 death or serious injury caused by police brutality or excessive use of force.

Sources:

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

http://useofforceproject.org/#project

https://mappingpoliceviolence.org/