August 15, 2024
What Is Excessive Force by Police?
Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer
Did you know that of the 660 incidents of police excessive force in California in 2021, the most common type of force used was being shot (233 incidents)? There were only four excessive force cases involving pepper spray and 22 with a baton or “nightstick.” No matter the type of violence, excessive force by police sadly remains a public health hazard in California.
As California police brutality lawyers, we hear far too many stories of unnecessary force by law enforcement officers, and we are ready to represent the rights of victims.
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Constitutional Rights and Protections Against Excessive Force by Police
The Fourth Amendment to the U.S. Constitution guarantees the right to be free from unreasonable searches and seizures, which includes the use of excessive force. This means that police officers cannot be more aggressive than is necessary to accomplish a legitimate law enforcement purpose. But what is considered “reasonable?” This is where victims often meet the blue wall of silence.
To further strengthen your rights, the Supreme Court has set forth the “objective reasonableness” standard for law enforcement as well. This standard requires that the force used by police officers should be judged from the perspective of a reasonable officer on the scene, considering the facts and circumstances known to the officer at the time. In essence, excessive force claims are evaluated by considering whether a reasonable officer would have acted the same in that situation.
The Use of Force Spectrum in California
In California, law enforcement uses a “force spectrum” that outlines the range of options available to officers in different situations. This system is designed to guide officers in using the appropriate force based on the threat they are facing. The spectrum varies from department to department but generally looks like:
- Officer presence
- Verbal judo
- Pepper spray
- Tasers
- Batons
- Restraint techniques
- Less-lethal weapons (bean bag bullets, rubber bullets)
- Deadly force only when necessary and justified
Not every police department has the same set of weapons issued. For example, not every department has rubber bullets or uses tasers. Additionally, some weapons are only in the possession of a supervisor.
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Common Types of Excessive Force Injuries
Excessive force by police can result in a wide range of injuries ranging from severe to deadly. Common types of injuries from excessive police force include:
- Emotional and psychological trauma
- Bruises, cuts, and abrasions (wrists especially)
- Broken bones
- Head and neck injuries
- Internal injuries
Legal Actions Against Excessive Force
Victims of police brutality have the right to file civil lawsuits and pursue criminal charges to hold the police accountable. You can also file reports with police internal affairs divisions and community oversight boards. Remember – the police do have a degree of immunity for basic neglect in the line of duty.
Grounds for Liability
Police officers are liable for excessive force when their conduct exceeds what is deemed reasonable under the circumstances. The most frequent basis of liability in cases involving excessive force is the violation of constitutional rights, particularly, the violation of the Fourth and Fourteenth Amendments. This includes those acts causing serious injury, unlawful detention, or death.
Victims may prove a basis of liability by showing that:
- The officer’s action was not objectively reasonable.
- The victim suffered injuries as a direct result of the excessive force.
- The incident violated current laws or constitutional protections
Using specific cases or reports, such as the American Psychological Association’s police brutality report, can help a victim plead their case in showing the patterns.
Excessive Force Remedies
Victims of excessive force have several different avenues they can take to seek legal remedies. Remedies can include filing a civil lawsuit and declaring damages against criminal charges against the officers directly involved.
- Damages: Plaintiffs may be awarded monetary damages to pay for medical expenses, pain and suffering, and loss of income.
- Injunctive Relief: Courts may also mandate changes in police policy or training.
- Complaint to Oversight Bodies: Complaints filed with civilian review boards or state oversight agencies
To read more about the type of available remedies, review studies on police reform published by the American Institutes for Research.
Statute of Limitations and Burden of Proof
Generally, the statute of limitations for filing a civil suit against police for excessive force in California is two years. However, to meet important timing-based procedural requirements, such as the six-month requirement to file a government claim for state or municipal entities, victims should consult an attorney as soon as possible.
To prevail, the plaintiff must prove:
- Unreasonable Conduct: Actions exceeding what a reasonable officer would do in the same situation.
- Causation: Direct link between the officer’s actions and the victim’s injuries.
- Damages: Tangible or intangible harm suffered.
This burden of proof underlines the importance of legal representation, as discussed in legal consumer guides from the American Bar Association.
California Excessive Use of Force Law Updates in 2024
California has enacted some key updates in 2024 to make the police more accountable. These include:
- Mandatory Reporting: Officers are required to report excessive force incidents. Failure to do so may lead to disciplinary actions.
- Body Camera Requirements: Increased deployment to facilitate more transparency and capturing of evidence.
- Penal Code Section 835a Amendments: Clarifications regarding acceptable levels of force, focusing on de-escalation.
Victims should consult with attorneys who understand these changes to best utilize them in their case. More information can be found in the congressional reports about police practices.
FAQs about Excessive Force
What are examples of excessive use of force?
Examples include physical attacks, unwarranted shootings, and tasers or pepper spray against compliant individuals. Other forms include excessive restraint methods, such as chokeholds, leading to injury or death.
What is the word for using excessive force?
The general term is “police brutality,” which defines all forms of excessive and unjustified physical force applied by police.
What is the idiom for using excessive force?
The idiom is “to use a sledgehammer to crack a nut,” which means deploying disproportionate effort or force to address a minor issue.
Contact and Find Support from California Police Brutality Lawyers Today
If you have been a victim of excessive force by the police in California, we can help you stand up for your rights. Help hold the police accountable and hopefully prevent that officer or department from ever using excessive force again. Pointer & Buelna LLP: Lawyers for the People are dedicated California police misconduct lawyers standing by the get in the ring with you.
To book a no-cost case review and get trusted legal advice, contact us now.
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Adanté Pointer
Pointer has received numerous awards and honors. He has been selected as the “Nations Best Advocate” by the National Bar Association, a “Superlawyer” in 2021 by Superlawyers Magazine and was recently featured as being “the Best Civil Rights Lawyer You May Not Have Heard Of” by the East Bay Express.
Years of Experience: 16+ years
