Excessive Force By Police (Section 1983)

Most police and other law enforcement personnel at all times do a great job of keeping us safe, properly enforcing the laws and honoring protections provided by the United States Constitution. However, sometimes law enforcement steps outside the law, resulting in a constitutional violation of an individual's rights. We can help investigate and seek remedies for injuries and deaths that unfortunately sometimes occur at the hands of law enforcement.

EXCESSIVE FORCE CLAIMS

The Eighth Amendment to the U.S. Constitution provides protections from “cruel and unusual punishments.” Whenever a police officer or other law enforcement officer uses more force than is reasonable and necessary under the circumstances, the protections of the Eighth Amendment have been violated. This sometimes happens when someone that law enforcement suspects of committing a crime is stopped and arrested.

Any instance of police brutality or excessive force is unfortunate and regrettable, but the advent of widespread video surveillance and cell phone cameras have demonstrated clear examples of excessive use of force by police. However, not all instances of excessive force are caught on camera, and claims for injuries and deaths caused by law enforcement can be hard to prove even when visual evidence is available.

NOTABLE CASES WE'VE HANDLED

September 20, 2016: Keith Lamont Scott
Mr. Scott was shot and killed by Charlotte Mecklenburg Police while waiting for his child to get home from school. This is an ongoing case.

September 14, 2013: Jonathan Ferrell
Mr. Ferrell, unarmed, was shot and killed by Charlotte Mecklenburg Police Officer Randall Kerrick when trying to look for help after he crashed his car. The City of Charlotte settled with Mr. Ferrell's family in an unprecedented amount of $2.25 million.

Our attorneys have experience pursuing these difficult cases. If you have been injured or if a loved one has been killed by excessive police force, please contact us at 704-376-1911 or toll-free at 1-800-977-3077.

SECTION 1983 CLAIMS

Section 1983 refers to the federal civil rights law that allows individuals to seek accountability and compensation against government agents acting under the color of law for violations of established constitutional rights. Section 1983 claims for constitutional violations potentially include:

  • Excessive police force
  • Deliberate indifference to medical needs of detainees and prisoners
  • False arrest and false imprisonment

The violation of constitutional rights is a very serious matter. Contact us at 704-376-1911 or toll-free at 1-800-977-3077 if you have been affected by an injury or death from a potential constitutional violation.