Excessive force is defined as when a police officer uses more force than necessary during an arrest. Using excessive force violates the Fourth Amendment of the U.S. Constitution. If you believe that you are a victim of excessive force during an arrest, you may have a viable lawsuit. If this is the case, an experienced Michigan excessive force attorney can help defend you and seek justice in the court of law.
The Michigan excessive force attorneys at Law Offices of Christopher Trainor & Associates can help protect you against those who are supposed to protect us. A violation of the U.S. Constitution is a serious offense, and we are here to ensure that the perpetrators are held liable.
At Law Offices of Christopher Trainor & Associates we know that bringing a case against a police officer or officers is intimidating. We guarantee to be there for you every step of the way. If you or someone you know has been a victim of excessive force by a police officer, seek the aid of an experienced attorney.
Generally, police officers may use whatever force they feel is necessary to protect themselves and make an arrest. “Excessive force” may be different for a suspect who complies versus one who resists. However, the lines between what constitutes excessive force are blurry, so seeking the help of a professional attorney is wise.
Some examples of excessive force include:
Again, finding an officer guilty of excessive force depends heavily on the facts of the case. If you’re unsure whether you suffered excessive force, it’s best to contact an experienced attorney. Civil rights attorneys with Law Offices of Christopher Trainor & Associates are eager to hear your side of the story and help you figure out whether or not you have a claim.
If a police officer is found guilty of excessive force, he or she can be prosecuted under both federal and state law. However, the burden of proof is ultimately on the plaintiff (the one filing the lawsuit). Excessive force suits can be tricky because many times a jury will believe the word of a police officer over a suspect’s account. In these cases, it’s helpful to have video footage from either a bystander or a police body camera.
Additionally, to bring a suit of excessive force by an officer into court, you must have experienced a significant injury. Even so, a court can sometimes argue that the injury was brought on by reasonable use of force.
Even if you were guilty of the crime at the time of arrest, this does not warrant excessive force and is not a valid defense for the arresting officer. However, your chance of winning your excessive force case increases if you were innocent of the crime, as it demonstrates that force was unnecessary.
It’s no secret that some police officers step past the line of what is acceptable during an arrest. If you feel that your constitutional rights have been violated in any way, contact a Michigan excessive force lawyer as soon as possible. The experts at Law Offices of Christopher Trainor & Associates have decades of experience defending the civil rights of those all over Michigan. Contact us today at 248-886-8650 for a free case evaluation.
