Louisiana – February 13, 2021

Four Louisiana State Police troopers were arrested Monday “following an extensive and detailed review of use of force encounters in the Monroe area. Excessive force is a form of police brutality, and if proven, victims may be able sue for severe emotional and physical harm, based on the expectation that a law enforcement officer will use his professional training and consider a person’s physical, mental, and emotional state during an encounter. A police brutality lawyer can inform victims of police brutality excessive force on civil and criminal legal actions available to them.

Department’s address excessive force.

Current officer training policies address excessive force complaints and activities by defining general guidelines for applying force, and they include measures to initially gain control through the use of verbal de-escalation, where voluntary compliance is the desired outcome, and  secondary measures to only use the amount of force necessary to overcome and control a resistive person. A criminal law attorney may be able to assist either the officer, or the victim when one party is injured for actions outside of the governing laws of Louisiana.

Officer considerations when applying force include:

1.type and severity of the incident, or crime at issue,
2. person posing an immediate threat to the officer, or others,
3. person’s physical resistance to an arrest, or other lawful detention,
4. person fleeing from an arrest, or other lawful detention,

5. person’s physical, mental, and emotional state of being,

6. size, age, relative strength, skill-level, and physical condition of the person and the officer,
7. officer’s level of training and experience,
8. number of persons and/or number of officers on the scene,
9. duration of the incident, in relation to the physical resistance offered by the person,
10. time available to an officer to decide to use response to resistance levels of  control/force,
11.  person’s proximity or access to weapons,
12. Environmental factors and other demanding circumstances, and
13. officer’s perceptions at the time the decision to use force was made.

When an officer does not adhere to the requirements outlined in the justifiable use of force laws, statute and guidelines under Louisiana law, it may be time to speak with a police brutality attorney to see if legal action is warranted for police excessive force during an encounter.

Justifiable use of force questions.

 Louisiana State proposals include changes to the way complaints against police officers are processed, in addition to limits on chokeholds and no-knock warrants.  The requirements also call for anti-bias training and the reduction of certain legal protections under color of law. They would require detailed policies the use of body and dash cams, and increased minority recruitment in police departments across the state.

Hire an attorney.

Federal laws addressing police misconduct include criminal and civil statutes to cover officers’ action in State, county and local jurisdictions including prisons and jails.  The laws are to protect all people in the United States.  Victims of police brutality should speak with a police brutality attorney who may be able to act to secure damages.

 

Sources:

https://www.usnews.com/news/best-states/louisiana/articles/2021-02-07/analysis-louisiana-lawmakers-to-resume-debate-on-policing

https://abcnews.go.com/US/louisiana-state-police-arrests-troopers-force-encounters/story?id=75770944

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

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