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September 1, 2026

What Is Excessive Force by Police?

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

Key Takeaways

• Excessive force happens when an officer uses more physical power than a situation reasonably requires.
• California law limits deadly force to situations involving an imminent threat of death or serious injury.
• Courts judge whether force was excessive by what a reasonable officer would have done in the moment.
• Evidence like medical records, video footage, and witness accounts builds a strong excessive force claim.
• Victims may recover damages for medical costs, lost wages, and pain and suffering.

At Pointer & Buelna, LLP – Lawyers For The People, our police brutality lawyers represent victims across California who were hurt by an officer who crossed the line between lawful force and what is excessive force. Excessive force is the use of unreasonable force, more physical power than necessary, and force that exceeds what a reasonable officer needs. It occurs when law enforcement uses a level of physical control that goes beyond what handling a situation or making an arrest safely requires.

How the Law Defines Excessive Force

California law draws a firm line around when officers may use deadly force. Under Penal Code section 835a, a peace officer may not use deadly force against a person based on the danger that person poses to themselves if a reasonable officer would believe no imminent threat of death or serious bodily injury exists to the officer or to anyone else. That standard exists because every person has a right to be free from unreasonable force by someone acting under color of law. When an officer’s actions fall outside that standard, the person harmed has grounds to pursue a civil rights claim.

Examples of Excessive Force by Law Enforcement

Excessive force can take many forms, and the details of each encounter determine whether an officer’s conduct crossed the line. Common examples our clients have experienced include:

• Continued Restraint: Force applied after a person is already handcuffed or subdued.
• Disproportionate Weapon Use: A firearm, taser, or baton deployed against someone posing no immediate threat.
• Unnecessary Strikes: Punches, kicks, or blows delivered to a person who is compliant and not resisting.
• Prolonged Chokeholds: Restraint techniques applied longer than necessary to gain control of a situation.
• Force Against Fleeing Suspects: Deadly force used against someone running away who presents no danger to others.

Any of these situations can form the basis of a legal claim, but proving what happened against an officer’s version of events is rarely something a victim can do alone. Our lawyers know how to gather the evidence that holds officers accountable.

Your Constitutional Rights Against Excessive Force

Under CACI No. 3020 we have that the Fourth Amendment protects every person from unreasonable searches and seizures, and that protection extends directly to how much force an officer may use during an arrest or stop. A plaintiff bringing an excessive force claim must show that an officer used force during an arrest or detention, that the force was excessive, and that the officer’s conduct caused harm.

Courts often evaluate the officer’s actions objectively, asking whether a reasonable officer facing the same circumstances would have responded the same way.

That standard protects victims from having to prove what was in an officer’s mind, and it focuses the case on what actually happened during the encounter.

How to Prove an Excessive Force Claim

Building a case against an officer requires more than believing the response was disproportionate. It requires evidence that documents exactly what happened and ties an officer’s actions directly to the harm caused. Our attorneys guide clients through assembling that record, which typically includes:

• Medical Records: Documentation from every visit connects your injuries directly to the force used against you.
• Photographs and Video: Images of bruising and any body camera or bystander footage capture the encounter as it happened.
• Witness Statements: Independent accounts from people who saw the incident add weight to your version of events.
• Police Reports: Comparing the official report against video and witness statements often reveals inconsistencies worth challenging.
• Formal Complaints: Filing a complaint with the department creates an official record of the incident.

Our team knows how to turn this evidence into a case that holds officers accountable for excessive force, and to have proper information about all specific cases.

What Compensation You Can Pursue

Victims of police misconduct in California may be entitled to compensation covering medical expenses, lost income during recovery, and pain and suffering tied to the physical injuries and emotional distress caused by the encounter.. No two cases involving excessive force unfold the same way, so our attorneys take the time to understand yours before discussing what you may be able to pursue.

Injured by Police Force in California? Contact Pointer & Buelna, LLP – Lawyers For The People

If an officer used more force than your situation called for, you do not have to face the aftermath alone. Pointer & Buelna, LLP – Lawyers For The People has represented victims of police misconduct across California, and we know how to build a record that holds officers accountable for what is excessive force. Call us at (510) 822-7476 or contact us today for a free consultation.