You have the right to be free from excessive force. In the law, excessive force is generally defined as more force than is reasonably necessary under the circumstances or conditions that are confronting the officer. Thus, force can be excessive in a wide variety of situations. Examples of some situations are as follows:
- Handcuffs that are too tight
- Striking an arrestee while he/she is handcuffed
- Hitting an arrestee when not handcuffed, when the arrestee is not resisting the officer
- Using a taser when not reasonably necessary to subdue a person
- Using a baton or flashlight to strike a person when not necessary to do so
- The use of deadly force, including using a gun, is only appropriate in extreme situations
- Closing a door on an arrestee to cause injury or pain
Ed Fox & Associates, Ltd. has handled cases that range from using a taser on a mentally ill person, to breaking a leg of someone just arrested for possession of narcotics, to beating the face of a person who was wrongfully accused of domestic battery or domestic abuse, to putting handcuffs on too tight on purpose. In all of these cases the use of force was wrong and if you were subject to a use of force that was also wrong, then Ed Fox & Associates, Ltd. can help you. We have done cases that span small injuries such as bruises or a sprained back to a wrongful death. For any questions and a free consultation call Ed Fox & Associates, Ltd.
Usually, when an officer uses excessive force on someone, the police will charge that person with a crime to cover up their excessive use of force and try and make it look like justifiable force. For example, after the police use excessive force, they will criminally charge you with crimes such as resisting arrest, battery on a police officer, and/or assault on a police officer. If you do not handle the criminal charges correctly it could harm your ability to have a successful civil rights case for police brutality. Agreeing to a plea bargain, no matter how minor the crimes are that you are pleading to can impact your excessive force case. We can help you with these criminal charges and preserve your rights to bring an excessive force case against the police. For advice on how to deal with excessive force cases and/or the related criminal case, call Ed Fox & Associates, Ltd. for a free consultation.
There are many other situations that were not described here that can also be considered excessive force. If you feel that you have been subjected to excessive force, contact Ed Fox & Associates, Ltd. for a free consultation.