We are taught to trust the police and that the police are the good guys. While this is true in many situations, every profession has its “bad eggs,” including law enforcement. And even in situations where misconduct was not malicious, it could be the result of improper training or some other failure in the system. When police brutality happens, it deserves to be addressed. Victims of police misconduct who are harmed, like would be the case when injuries result from excessive force, should reach out to an experienced police excessive force attorney in Columbus at Marshall Forman & Schlein LLC.
It can be intimidating to question authority. However, there have been several recent cases that have garnered national attention where unlawful and brutal force used by law enforcement violated an individual’s civil rights. When this type of thing happens, it can be possible to take legal action. Certainly, this has happened in some of the cases that have caught the attention of concerned Americans.
Excessive force is particularly detrimental to the public interest. When excessive force is used, it can cause great physical bodily harm and even death. Excessive force can often be difficult to prove or describe, but the following actions on behalf of law enforcement can be considered excessive force:
Not every forcible and physical act that a police officer engages in will be considered excessive force and, therefore, police misconduct. Police have to be able to do their job, and this is why they have immunity from legal suits as long as the way they behave falls within the reasonable action and scope of their authority. Instances where this is not the case and when violations of the Fourth Amendment are provable can mean that immunity from legal action is no longer applicable.
Every situation where force is used by law enforcement has to be examined to determine whether appropriate or excessive force took place. This is because no two situations are the same, and the details matter when the courts assess the potential for excessive force to exist in a particular case. Some of the questions that a court will look to answer when they are evaluating a case include:
Sometimes, an officer does not have to have physical contact with the public to be charged with a crime. When a police officer witnesses excessive force being used by another officer but does not take action to stop it, they could be charged with failure to intervene. This is because all officers have a duty to ensure that they do not use excessive force and that when they see another officer engaging in excessive force, they prevent or stop it.
Excessive force is a serious and real problem in the United States. Not every instance of force will be excessive force and a legal violation, but that does not mean excessive force that violates individuals’ constitutional rights does not happen. Several different forms of evidence may exist to support excessive force claims. For more information and for help if you were the victim of excessive force by law enforcement, you are welcome to call Marshall Forman & Schlein LLC to speak with a police excessive force lawyer in Columbus.
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