Can You Sue For Being Subjected To Excessive Force By The Police?

Police brutality and the use of excessive force is not a new issue. However, they have justifiably gained widespread attention because virtually anyone can record anything at any time—and they have the means to broadcast it through social media platforms. An event that could have gone unreported in 1980 could now have hundreds of thousands of views before the officer drafts a report. How many people have been subjected to either police brutality or excessive force and not reported it because they knew their case would hinge on two opposing stories without evidence to back up either? 

Police brutality is no longer hidden behind a veil, and the victims of it may have ample ways of proving their version of events. As personal injury attorneys, we wanted to take a moment to discuss whether you can sue for your injuries. Although police officers have and will face criminal actions when the situation is appropriate, what about civil cases? If you are injured by police, suffer injuries, miss work, and face mental health challenges, can you seek compensation?

Section 1983

Can you? Absolutely. One of the misconceptions surrounding police brutality is the law shields those police officers, and you cannot file suit against them. You may file suit, however, please understand the government is entitled to sovereign immunity, and officers can get qualified immunity. The supreme court has become so conservative,and under their interpretations of the constitution, the bar is set really high to prevail in these cases. The Civil Rights Act of 1871 states otherwise, specifically 42 U.S.C. § 1983:

“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law…”

The phrase that confuses most people is “under the color of.” This refers to someone acting on authority granted to them by the state or federal government. When someone approaches you while wearing a police uniform and issues instructions, you are likely to comply because that person has powers that you do not. Even if the police officer is in a plainclothes unit, they will still likely identify themselves as police officers or show you their credentials. These are people who are operating under the color of law. 

Not only is excessive force a civil rights violation, but you can receive both compensatory and punitive damages if you are subjected to it and can show the officials violated clearly established law. In Florida the federal courts are very conservative and  your case must be really good to prevail.

Speak to an Attorney Who Will Support You 
Regardless of the source of your injury, ensure you are safe and receive the medical care you need. When able, contact the Law Office of William C. Robinson. We want to learn about how you were injured and what we can do to get you the compensation you are entitled to. Your first consultation is free, and we look forward to speaking with you.