How To Prove Your Excessive Force Claim Against Law Enforcement
Excessive force occurs when law enforcement uses more physical force than necessary to subdue a suspect or manage a situation. While officers are permitted to use reasonable force, any action that exceeds what is justified under the circumstances can be deemed unlawful. If you believe you have been a victim of excessive force in Maryland, have a conversation with a Baltimore criminal lawyer about connecting with a well-structured path to justice.
Key Evidence to Support Your Claim
There are various ways that excessive force can manifest. For instance, there is physical assault, including unwarranted punching, kicking, or striking with a baton. Also, misusing taser or pepper spray, such as if a suspect is already subdued, is possible along with unjustified lethal actions or unnecessary restraints.
Courts generally evaluate excessive force claims based on the reasonableness standard, which considers whether the officer’s actions were justified given the threat level and the suspect’s behavior. To build a strong excessive force claim, you must gather substantial evidence.
- Medical records. If you sustained injuries, seek medical attention immediately and document the extent of your injuries. Medical documentation can help establish the severity and cause of harm.
- Eyewitness testimony. Statements from bystanders, passengers, or even other officers who witnessed the incident can provide crucial third-party accounts of what transpired.
- Video and photographic evidence. Footage from body cameras, surveillance cameras, dash cams, or cell phones can provide indisputable proof of excessive force. If you were able to take photos of your injuries or the scene, those images could be valuable as well.
- Reports and investigations. Request copies of any police reports related to your arrest or encounter. If an internal investigation was conducted, its findings may contain useful details or even admissions of misconduct, too.
- Professional review. Law enforcement experts can analyze the officer’s actions and compare them to standard policing procedures, determining whether the force used was unwarranted.
Once you have gathered evidence, a legal profession can assist in pursuing justice through various legal avenues. For example, under Section 1983 of the Civil Rights Act, victims of excessive force can sue officers and departments for constitutional violations.
Other solutions include state law claims and departmental complaints. Maryland law permits claims for assault, battery, and negligence against officers who engage in excessive force and filing an official complaint with the police department may initiate internal investigations. Then, disciplinary actions can follow.
Creating a Safer Community for Everyone
Proving an excessive force claim against law enforcement requires thorough evidence collection and legal expertise. If you or a loved one has experienced excessive force in Maryland, consulting an experienced Baltimore criminal lawyer is a way for you to confidently navigate the legal process and secure the justice you deserve. Plus, by holding law enforcement accountable, you contribute to a fairer and safer community for all.
Were you hurt by someone in law enforcement? The legal team at Iamele & Iamele, LLP will fight to bring the at-fault parties to justice. With attorneys on your side, you can focus on healing. Contact us to book your confidential appointment.
