Police Brutality

Police brutality affects its immediate victims and can undermine the community's trust in its police force.

Many have observed that an effect of police brutality is the loss of trust by members of the community—trust officers need if they are to be effective in their jobs. Victims and witnesses of crimes are much less likely to report crime or cooperate in investigations if the cops have betrayed their trust by brutalizing their neighbors, family members, and friends.

Police officers are given a great deal of latitude in performing their duties. Because they are expected to protect the public and confront potentially violent individuals, they can legally use physical, and even deadly, force under certain circumstances. However, an officer who uses force when it is not called for, or who uses more force than is necessary to perform his or her job, may cross the line into police brutality. In these kinds of instances, people often sue for excessive police force.

Police Officers: Government Agents

Given that the unique and broad powers wielded by police officers are conferred by the state, police officers are essentially acting on behalf of the government. The U.S. Constitution defines the limits of governmental powers.

These constitutional constraints apply to police officers as agents of the government. While a citizen who is subjected to police brutality may be able to sue the police officer or even the department for personal injury damages under state tort law, many cases of police brutality involve civil rights violations under the Constitution or federal laws construing constitutional rights.

Among the constitutional claims a victim of police brutality may raise are:

Section 1983 of the Civil Rights Act of 1871 provides for a private civil action for damages by any person deprived of his or her civil rights by anyone acting under “color” of law (in other words, in an official, governmental capacity).

Talk to a Lawyer

If you believe that you've been the victim of police brutality, consider contacting a lawyer in your area with experience in cases like yours. You might find civil rights or personal injury lawyers that handle such matters. If you have a criminal case, make sure to talk to your criminal defense attorney before taking any legal action outside of criminal court.

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