Excessive Force

Police action does not always have to rise to level of brutality to be considered unlawful. The law stipulates that any use of force that is "too much," extreme, incommensurate, or unnecessary can be deemed excessive force. And police authorities who use excessive force can be held liable in a court of law.

The US Department of Justice has conducted surveys of police officer views on the meaning and application of "excessive force". What they found is that law enforcement officials hold a fairly wide variety of ideas of what constitutes excessive force.

Research indicates that most police officers believe that

  • At times their fellow officers use more force than necessary when making arrests
  • Police officers sometimes ignore improper conduct of fellow officers
  • An officer who reports another officer for using excessive force will be ostracized by his colleagues
  • Police officers will refrain from reporting serious procedural abuses more often than not

Is There A Race Factor In Excessive Force Cases?

Studies also indicate that blacks believe that white officers are more likely to use excessive force against blacks than whites. Interestingly, this is also true of black police officers surveyed.

Whether force is excessive is measured by the force a reasonable and prudent law enforcement officer would use under the circumstances. Of course, this definition allows for situational considerations, but there are ways to legally determine whether the force in a certain circumstance is excessive.

The police misconduct attorneys of the Bell Legal Group take all forms of law enforcement misconduct very seriously. Our attorneys can help you determine whether an excessive use of force occurred in your situation. Learn more about police misconduct litigation by contacting the attorneys of the Bell Legal Group to discuss your case.

Our excessive force lawyers are willing and able to litigate cases involving abuses of police force. Contact us today for a consultation.

Resources on Excessive Force Law

Bureau of Justice Statistics, Excessive Force Data
Human Rights Watch Data on Police Brutality and Excessive Force

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