Use Of Force Standards For Baltimore Police: What Is Considered Excessive Under Federal And Maryland Law?

When Baltimore police officers use force against a civilian, that force is not unlimited. Both federal and Maryland state law set clear boundaries, and understanding where those lines are can matter enormously if you or someone you care about has been harmed during a police encounter.

At the federal level, the key legal standard comes from the U.S. Supreme Court case Graham v. Connor, 490 U.S. 386 (1989). That decision established that excessive force claims are analyzed under the Fourth Amendment’s “objective reasonableness” standard. In plain terms, courts ask whether a reasonable officer in the same situation would have used the same level of force given what they knew at that moment. The analysis looks at factors like the severity of the crime being investigated, whether the person posed an immediate threat, and whether the person was actively resisting or trying to flee.

Civilians who believe their rights were violated can file a lawsuit under 42 U.S.C. § 1983, the federal statute that allows individuals to sue government officials who deprive them of constitutional rights while acting in an official capacity.

How Maryland Raises the Bar

Maryland has gone further than the federal baseline. The Maryland Police Accountability Act of 2021, codified in part at Public Safety Article § 3-524, established statewide use of force standards that are stricter than what federal law alone requires. Under this framework, force is only authorized when it is necessary and proportional based on the totality of the circumstances. Officers are also required to de-escalate when time, circumstances, and safety allow, and they must intervene if they witness another officer using excessive force.

The Baltimore Police Department operates under an additional layer of accountability: a federal consent decree that has been in place since 2017, stemming from a U.S. Department of Justice investigation that found a pattern of unconstitutional and discriminatory policing practices, particularly against Black residents. That consent decree is still active and is overseen by a federal judge.

What Counts as Excessive?

This is the question most people want answered, and the honest answer is that it depends heavily on the specific facts. That said, some general categories of conduct raise serious questions under both federal and Maryland law:

• Using force on someone who poses no immediate threat and is not resisting
• Continuing to use force after a person has stopped resisting or is clearly incapacitated
• Using a weapon against someone in a non-threatening situation
• Striking someone in an especially vulnerable area without clear justification
• Failing to provide medical attention after a use of force incident
• Using force against a juvenile when de-escalation was clearly available
• Using deadly force when lesser options were reasonably available

The Maryland law specifically requires that force be proportional, meaning the level of force must correspond to the actual level of threat present. If an officer uses significant physical force on someone who posed no genuine danger, that gap is exactly what courts examine.

It is also worth knowing that evidence matters enormously in these situations. Body camera footage, dispatch records, witness accounts, and internal reports can all play a role in documenting what actually happened during an encounter.

Speak with a Baltimore Police Misconduct Attorney

If you believe you or a family member experienced excessive force at the hands of Baltimore police, time is a factor. Evidence can disappear, and Maryland’s filing deadlines may begin to run quickly depending on the circumstances of your case. The Baltimore police misconduct lawyers at Iamele & Iamele, LLP have represented victims of police brutality and civil rights violations in Baltimore for decades. If you are ready to explore your options in a confidential setting, we invite you to contact us to schedule a free consultation.

Sources:

supreme.justia.com/cases/federal/us/490/386

mpctc.dpscs.maryland.gov/pdf/PoliceReformFAQs.pdf

uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1983&num=0&edition=prelim

baltimorepolice.org/resources-and-reports/understanding-use-force