Police Brutality & Civil Rights
State Tort Claims — Assault & Battery
3 statutes with plain-language summaries, case relevance, source links, and related Michigan practice areas.
State Tort Claims — Assault & Battery
3 statutes"Any person who commits an assault or a battery upon another person is liable in a civil action for the damages caused by the assault or battery. This section applies regardless of whether the person was acting under color of law at the time of the assault or battery."Read Full Statute
Michigan common law and statute allow a civil lawsuit for assault — placing someone in reasonable apprehension of harmful or offensive contact — separate from the actual physical battery. In police misconduct cases, the threat of unlawful force can independently create civil liability.
Even if an officer never physically touched you, deliberately placing you in genuine fear of imminent harm through drawn weapons, aggressive confrontations, or threatening conduct may give rise to a civil assault claim.
We plead civil assault claims alongside battery and § 1983 claims in all applicable police misconduct cases, ensuring every instance of unlawful threatening conduct is captured in the complaint.
"In an action arising out of an intentional tort, a person who sustains loss of consortium as a result of a personal injury to his or her spouse, parent, or child may recover damages for loss of society and companionship."Read Full Statute
When a victim is seriously injured by an intentional tort, their immediate family members (spouse, parent, child) may bring separate claims for loss of companionship, society, and services — similar to wrongful death damages, but available while the victim is still alive.
In severe police brutality cases resulting in permanent disability, family members who depended on the victim can recover for the devastating disruption to their family relationships and daily lives.
We evaluate loss of consortium claims for family members in every serious police misconduct case involving permanent impairment, adding these damages to maximize total recovery for the affected family.
"In an action based on an intentional tort, the trier of fact may award exemplary damages to a plaintiff in addition to any compensatory damages awarded, if the trier of fact finds that the defendant's conduct was so egregious that it warrants punishment and deterrence beyond compensatory damages."Read Full Statute
Michigan allows exemplary damages in intentional tort cases as a form of punishment and deterrence for particularly egregious misconduct. In police brutality matters, exemplary damages can substantially increase total recovery when officer conduct was especially malicious.
Exemplary damages can significantly increase the total award in cases involving deliberate cruelty, sadistic conduct, or clear abuse of police authority.
We specifically request exemplary damages in police brutality cases involving extreme or malicious officer conduct, using the enhanced damages as both a deterrent and a compensatory tool.